Employment Law

Provincial laws such as the Nova Scotia Labour Standards Code and the Nova Scotia Human Rights Act regulate most businesses and service providers in Nova Scotia.

Federal laws, such as the Canada Labour Code and the Canadian Human Rights Act, cover federally regulated employers such as banks, inter-provincial trucking and rail transport, airlines, broadcasting and Crown corporations.

No. For example, the Labour Standards Code does not apply:

• To people who work in federally regulated industries
• To domestic workers who work less than 24 hours per week or work looking after a family member
• To independent contractors. It is not always easy to decide if you are an independent contractor. Nova Scotia Labour Standards has information that may help you to determine whether you are an independent contractor. If you are in doubt, contact a lawyer or the Labour Standards Division
• Only some parts of the LSC apply to unionized workers, and to managers and professionals such as architects, doctors, dentists, lawyers, and engineers. Unionized employees are mainly governed by their collective agreement, while managers and professionals are mainly governed by professional associations and industry-specific legislation
• There are many other types of work where only some of the LSC's provisions apply, including, but not limited to, farm and summer camp workers, employees on fishing boats and people participating in government training programs.

If you are not sure which laws apply to your work, call the Labour Standards Division of the Nova Scotia Department of Labour and Advanced Education, or the federal Labour Program, Employment and Social Development Canada, or contact a lawyer.

If you are a unionized employee, contact your union for information about your collective agreement and labour law.

Web:  https://novascotia.ca/lae/labourstandards/contact.asp

Phone: 1 888 315-0110 (toll free) or (902) 424-4311 (Halifax)

Web:  https://www.canada.ca/en/employment-social-development/services/labour-contact.html

Phone:  1-800-641-4049

Web:  www.gov.ns.ca/lae/healthandsafety/

Phone: 1-800-952-2687 or (902) 424-5400

As of October 1, 2023, employers in Nova Scotia must pay employees at least $15 an hour.   The minimum wage applies to a work week of 48 hours or less for most kinds of work.  

Some industries have different minimum wage rules or are exempt from having to pay a minimum wage.

For more information, visit the Nova Scotia Labour Standards Division Minimum Wage web page.

Yes. Under the Labour Standards Code, workers of all genders are entitled to the same pay for the same type of work within a given workplace. However, the Labour Standards Code says that employees may receive different wages for similar jobs if:

• a seniority or merit pay system is set up
• wages are paid based on quantity or quality of production, or
• a factor other than sex distinguishes one employee from another doing the same or substantially the same work.

Contact the Nova Scotia Human Rights Commission if you have questions about pay equity.

Your employer must pay you in cash, by cheque, money order, email transfer or by direct deposit at least twice a month and within five working days after the end of each pay period. 

Exceptions are if payments are made according to standard practice in your workplace (since before February 1, 1973), such as weekly or monthly payments, or if there is a collective agreement with a different pay schedule or an order of the Director of Labour Standards.

When you are paid, your employer must give you a written statement (pay stub) detailing

• the pay period
• number of hours the pay is for
• pay rate
• deductions from pay, and
• actual amount paid.

The Labour Standards Code only has requirements about a minimum wage. It is up to your employer to decide whether there will be pay increases.

For most jobs overtime pay is 1.5 times the employee's regular wage. An employee must work at least 48 hours in one week before overtime rules apply. For example, an employee who worked 50 hours in one week would be paid her regular wage for 48 of those hours, and overtime for the other two hours.

However, overtime rules are not the same for all workers. Some jobs, such as car and real estate sales and most farm work, are not covered by overtime rules. Other jobs, such as construction or landscaping, have special overtime rules. Contact Nova Scotia Labour Standards for more information about specific overtime rules.

You are entitled to:

• 2 weeks paid vacation after working 12 months for an employer
• to at least 3 weeks paid vacation if you have worked for the same employer for longer than 8 years. 

You get paid for unused days if you do not use all your vacation days.

If you and your employer agree, you may break up your vacation into two or more parts as long as you get the appropriate amount of vacation time and you get at least one week of unbroken vacation. 

The minimum amount of vacation pay is 4% of gross wages or 6% of gross wages for employees who have worked for the same employer for longer than 7 years. Gross wages mean wages before deductions for tax, CPP, etc. 

The rules under the Labour Standards Code are the same for full-time, part-time, or seasonal employees. 

Employees in certain jobs, such as real estate agents, car salespeople, or people who work on fishing boats, are not covered by the Labour Standards Code rules about vacations and vacation pay. Contact Nova Scotia's Labour Standards Division for more information.

 

You are still entitled to vacation pay. Your employer must pay you your earned vacation pay within 10 business days after your employment ends.

 

If you work full-time, you must take vacation time.

If you work less than 90% of regular working hours during a continuous 12-month period, then you may choose not to take vacation and just get your vacation pay instead. You must tell your employer in writing that you will not take vacation. Your employer must give you your vacation pay within one month after the 12-month period ends.

 

Paid holidays

Under Nova Scotia's Labour Standards Code, you are entitled to 6 paid holidays:

• New Year's Day
• Nova Scotia Heritage Day
• Good Friday
• Canada Day
• Labour Day, and
• Christmas Day.

You should receive your regular rate of pay for each of these days, as long as you:

1. were paid or were entitled to receive pay for at least 15 days of the month before the general holiday; and

2. work on your scheduled work day immediately before and after the holiday, unless your employer tells you not to come to work on either of those days. These rules apply to both full-time and part-time employees.

There are special holiday pay rules for continuing operations, such as telephone or other communication services, or services where employees normally work on Sundays or paid holidays.

However, some workers are not entitled to holiday pay unless it is in their employment contract. These include

• most farm workers
• real estate and car salespeople
• domestic workers who work for 24 hours or less per week or work looking after a family member
• commissioned salespeople who make sales at locations other than an employer's place of business, except those on an established route
• anyone who works on a fishing boat
• anyone who works in a private home providing domestic service to an immediate family member.

Some days are commonly considered holidays but are not paid statutory holidays under the Labour Standards Code. These days include: Easter Monday, Victoria Day, Natal Day, Thanksgiving Day, and Boxing Day. Your employer may choose to pay you for these days.

Contact Labour Standards for more information about holidays.

Other days off and holidays: 

Remembrance Day

Nova Scotia's Remembrance Day Act requires many businesses to close on Remembrance Day (11 November). Some workplaces are allowed to open on Remembrance Day, including hospitals, child care facilities, service stations and drug stores that are not in a department store. Workplaces that do open are required to stop work for 3 minutes starting at 1 minute to 11 a.m. on November 11.

If you do not work on Remembrance Day, you are not entitled to get paid for the day, although your employer may decide to pay you.

In most cases, if you are required to work on Remembrance Day, you are entitled to a paid holiday either on the working day immediately following your vacation or any other day you and your employer agree upon. There are a few exceptions. Contact Nova Scotia Labour Standards for more information about holiday pay for Remembrance Day.

Designated Retail Closing Days (Retail Business Designated Day Closing Act)

There are 9 designated retail closing days in Nova Scotia:

• New Year's Day
• Nova Scotia Heritage Day
• Good Friday
• Easter Sunday
• Canada Day
• Labour Day
• Thanksgiving Day
• Christmas Day, and
• Boxing Day.

These are days when certain retail businesses must close. Some employees have the right to refuse to work on designated closing days and Sundays. Contact Labour Standards for more information about the right to refuse to work on designated closing days and Sundays.

Your employer can deduct from your pay if the deductions are allowed or required by:

• statute
• court order
• written agreement between you and your employer.

Deductions are not allowed if they take your pay below minimum wage. 

Your employer can make the following deductions, even if the deductions take your pay below minimum wage:

• statutory deductions such as income tax, Employment Insurance (EI) premiums, and Canada Pension Plan (CPP) contributions
• court-ordered deductions, such as if your employer is required by the Maintenance Enforcement Program to garnish your pay because you are behind in child support payments
• deductions for an employee benefit or pension plan
• deductions for board and/or lodging provided by the employer, subject to maximum amounts set out in the Minimum Wage Order (General)
• deductions to recover pay advances or overpayments
• deductions for employee purchases from the employer's business on account if there is a clear employer/employee agreement to do this
• deductions for dry-cleaning wool or other heavy material uniforms.

There are some deductions your employer cannot make without your agreement. Unless you have agreed, your employer cannot deduct money from your wages for:

• damage you may have caused to the employer's property or goods,
• debts you owe your employer, 
• losses incurred by you,
• goods your employer accuses you of stealing (
• theft by customers - if a customer leaves without paying, your employer can only deduct from your pay to recover that loss if the employer can show that it was your fault

You should contact Labour Standards if your employer makes a deduction for losses like these without your agreement, or if you are not sure whether a deduction is lawful.

When you are paid, your employer must give you a written statement (pay stub) that states:

• deductions from your pay, 
• the pay period,
• the number of hours the pay is for, 
• the pay rate, and 
• the actual amount paid. 

Contact Nova Scotia Labour Standards for more information about pay deductions.

 

If your employer does not pay you correctly, raise this issue with your employer as soon as possible. It is a good idea to do that via email. 

Don’t assume that your employer has done something wrong. Ask them to confirm the amount you were supposed to receive, and if you identify a specific error on your paystub, ask them for clarification about that. 

If you disagree with your employer, you should immediately contact Labour Standards. 

 

If your employer changes your pay, that is a change to the terms of your employment contract. If you disagree with the change, you should immediately contact Labour Standards.

A Labour Standards Officer can discuss your case and identify your options. In most cases, you will have the following options:

1. Try to negotiate with your employer to get back your original pay. 
2. If your employer is unwilling to give you your original pay, you may accept the reduced pay and continue to work. Once you accept the lower pay and continue to work, you will not be able to file a complaint against your employer to Labour Standards.
3. If your employer is unwilling to give you your original pay, you can quit your job immediately and file a complaint against your employer with the Labour Standards as soon as possible. To check your eligibility for Employment Insurance benefits for quitting your job, contact Service Canada

If you choose to quit your job and file a Labour Standards Complaint, a Labour Standards Officer will guide you through the complaint process, the form you will need to fill out, and the documents you need as supporting evidence. They will also be able to answer questions regarding your complaint. 

You may also have a claim for constructive dismissal. Go here for more information on constructive dismissal.

No. You must quit your job to file a complaint about reduced pay. If you continue your employment with the reduced pay, that means you accept the change to your employment contract. Once you accept the change, you can not complain about it to Labour Standards.

Nova Scotia Department of Labour Skills and Immigration
Labour Standards Division
Halifax: (902) 424- 4311
Toll-free: 1-888-315-0110
Website: novascotia.ca/lae/employmentrights/

Employment and Social Development Canada Labour Program (federally regulated workplaces)
Halifax 902-426-4995
Sydney 902-564-7130
Toll-free: 1-800-641-4049
Website: labour.gc.ca 

 

Each province in Canada has its own human rights statute.  There is also a federal human rights statute. These statutes are referred to as a Human Rights Act or a Human Rights Code. They are designed to make sure that everyone is treated equally and protected from discrimination in situations such as work, going to a store, studying at an educational institution, buying a house or renting an apartment, and many other day-to-day scenarios.

There are both provincial and federal level human rights statutes because of the way the Canadian Constitution divides up powers. According to our Constitution, certain subject areas are assigned to the provincial government while others are assigned to the federal government.

Most human rights complaints fall under the jurisdiction (power) of the various provincial human rights statutes. Only complaints involving federally regulated workplaces and organizations – such as those involving transportation, communications, and banking – will fall under the jurisdiction of the Canadian Human Rights Act.

If you feel that you have a human rights complaint involving an organization in Nova Scotia but you aren't sure if it falls under federal or provincial jurisdiction, you can contact either the Nova Scotia Human Rights Commission or the Canadian Human Rights Commission. Either agency will be able to tell you if your situation falls under their jurisdiction and, if is doesn't, can refer you to the correct agency.

The Charter is the supreme law of Canada. It was proclaimed in 1982 as part of the Constitution Act, 1982. The Charter sets out our constitutional rights, including equality rights.

Before the Charter was proclaimed in 1982, Canadians already had rights and freedoms, most of which have been enjoyed since Confederation. These rights were protected by the common law and by various statutes. However, the Charter made these rights more secure and definitive.

With the proclamation of the Charter, our fundamental rights and freedoms have become entrenched. This means that they are written down and are part of our Constitution.

Entrenchment of the Charter means that:

• our Charter rights and freedoms cannot be easily taken away by either the provincial legislatures or the federal parliament
• courts can rule on whether or not other laws follow the Charter. The Charter is the supreme law of Canada, and so all other laws must be consistent with what the Charter says.

Ordinary statutes can be amended (changed) by a simple majority of the legislature that originally passed the law. It is much harder to change the Charter.  There is a complex amending formula that must be followed. This means that our Charter rights are more secure than any rights we have from other sources of law.

Before the Charter, our courts had very limited power to strike down legislation (invalidate a law to the extent of its inconsistency with the Constitution.)  Courts could do so only if they determined that the government did not have the constitutional authority to create and pass a piece of legislation. After the Charter, the role of our courts changed dramatically. Now that the Charter is in place, Canadians can challenge a law when we believe the law violates our Charter rights and freedoms.

Below are the categories of rights set out in the Charter along with examples of rights that fall into each category.

Fundamental Freedoms (Section 2) – This includes freedom of conscience and religion; freedom of thought and expression; freedom of association and freedom of peaceful assembly.

Democratic Rights (Sections 3-5) – This includes the right to vote in federal and provincial elections.

Mobility Rights (Section 6) – This confirms the right to move from province to province within Canada.

Legal Rights (Sections 7-14) – This includes the right to legal counsel upon arrest, the right not to be arbitrarily detained by police, the right to be free from unreasonable search and seizure, the right not to be forced to testify against oneself in a legal proceeding, and the right to be tried in a reasonable time.

Equality Rights (Section 15) – This includes the right to be equal before and under the law and the right to be free from discrimination.

Language Rights (Sections 16-23) – This includes the right to speak in French and English and the right, in some circumstances, to be educated in the language of your parent(s).

Aboriginal Rights (Section 25) – This section recognizes the existing rights of Canada's Aboriginal people and treaty rights. The Charter forms part of the larger Constitution Act, 1982. It is important to note that Aboriginal rights, including treaty rights, receive more overt and direct constitutional protection under section 35 of the Constitution Act, 1982.

For more detailed information about Charter rights, visit here.

The Charter applies to government action. This includes laws, bylaws, and regulations made by the federal, provincial, or a municipal government. The Charter also applies in situations where one of the parties can somehow be characterized as a public or government entity (for example, the RCMP).

The Charter does not apply to purely private matters. This means that it does not apply to disputes between private individuals, or between an individual and a private business.

Charter rights are usually brought up in two different kinds of legal contexts – either in criminal matters or situations where someone engages in civil litigation (a lawsuit) in order to enforce their Charter rights.

If someone is charged with a criminal offence, they might raise a Charter argument to say that their legal rights were violated in some way. For example, an accused person might argue that they were subjected to an unlawful search and seizure.

In some cases, the courts have concluded that evidence obtained in violation of the Charter would bring the administration of justice into disrepute and so should not be allowed into a legal proceeding.

Another way to exercise Charter rights is to take a government department or other government body to court through civil litigation. This is commonly known as a Charter challenge, and it is usually used to challenge an existing piece of legislation. An example of a potential Charter challenge would be if a person or organization feels that an existing law does not conform to the Charter and should be changed in whole or in part.

If a law has been successfully challenged through a Charter challenge, the court could strike down the offending statute or provision. This means that the challenged legislation would have no effect to the extent that it is inconsistent with the Charter. In other words, whatever part(s) of the statute that do not align with the Charter would no longer be considered part of the law.

There are limits on our Charter rights. When the Charter is brought up in court, both sides will make arguments about the issues. The plaintiff (the person who starts the lawsuit) or the accused (in a criminal case) will first argue that their Charter rights have been violated. If the court agrees, then the onus shifts to the defendant or prosecution to argue that if there has been a violation of rights then it is “saved” by section 1 of the Charter.

Section 1 imposes a limit on our Charter rights and freedoms. It reads:

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

This means that none of our Charter rights are guaranteed to us absolutely. Section 1 is in place to allow for the courts to balance the rights of individuals against the needs of society at large.  Find out more about section 1 of the Charter here.

Charter matters can be complex. If you feel that your Charter rights have been violated in any way, we recommend speaking to a lawyer for advice and guidance.

The Nova Scotia Human Rights Act applies when someone has faced discrimination:

• on the basis of a protected characteristic, such as race, religion, sexual orientation, among others, and
• in a protected area (such as a workplace, a store where you are buying goods, and other situations which we will talk more about below).

To file a human rights complaint under the Nova Scotia Human Rights Act, the organization that you wish to complain about must fall under provincial jurisdiction. Most stores, service providers, and employers will fall under the provincial scope, but some do not (for example, banks and telecommunication services, which are federally regulated).

You can check with the Nova Scotia Human Rights Commission if you are not certain whether your complaint falls under their jurisdiction.

The Nova Scotia Human Rights Act applies in what are known as 'protected areas'— areas of life in which we have the protection of the Act. The Act applies:

• in employment (including volunteer work),
• in the provision of accommodation (for example, renting an apartment),
• to the purchase or sale of property,
• in the provision of goods and services to the public (for example, shopping at a store or getting a service such as education, electricity, a haircut, and numerous other examples),
• membership in professional organizations, and
• in publications, broadcasts, or advertisements.

If you believe you have been discriminated against, you can file a complaint with the Nova Scotia Human Rights Commission alleging discrimination. You must do so within a 12-month period of the last date of alleged discrimination, or the last 24 months in exceptional circumstances.

For the Nova Scotia Human Rights Commission to accept a complaint, you must show that you have faced negative treatment in a protected area and because of a protected characteristic.

Not all forms of negative treatment will be considered discrimination under the law. For example, if your boss is bullying you, this is not necessarily the basis for a human rights complaint unless you feel that they have targeted you because of a protected characteristic.

Here are some examples of possible human rights complaints:

• a complaint that you were denied a promotion at work because you are a woman,
• a complaint that you were followed around in a store because of stereotypes about your race (also known as racial profiling),
• a complaint that you were denied an opportunity to rent an apartment because of your gender identity, or
• a complaint that you were unable to attend a particular school for studies because you have a physical disability for which you use a wheelchair and the space is not accessible.

Protected characteristics under the Nova Scotia Human Rights Act

As we have discussed above, there are a number of 'protected areas' which are covered under the Nova Scotia Human Rights Act. These include employment and volunteer situations, access to services, the purchase and sale of property, membership in professional organizations, and in publications, broadcasts, or advertisements.

There are also a number of 'protected characteristics' which are covered under the Act. The protected characteristics are essential aspects of who someone is.

It is illegal to discriminate against someone based on any of these protected characteristics in any of the protected areas noted above.

The Nova Scotia Human Rights Act includes the following protected characteristics:

• age
• race
• colour
• religion
• creed
• sex (including both gender and pregnancy)
• sexual orientation
• gender identity and gender expression
• physical or mental disability
• an irrational fear of contracting illness
• ethnic, national, or aboriginal origin
• family status
• source of income
• political belief, or
• association with anyone who would fall under the category of any of the above characteristics.

The Nova Scotia Human Rights Act also forbids sexual harassment, or harassment on the basis of any of the protected characteristics.

Many of these protected characteristics are self-explanatory, while others require further explanation.

'Irrational fear of contracting an illness,' for example, refers to situations in which someone with an illness faces unjustifiable negative treatment due to their illness in their workplace or any other protected area. It was added as a protected characteristic in order to extend protection for those living with HIV/AIDS, but can apply to any kind of transmittable illness for which someone experiences discrimination.

'Family status' refers specifically to a parent-child relationship. It can apply to either a relationship with a parent or a relationship with a child. For example, if you are a single parent and need an accommodation (such as a modified work schedule) that lets you drop off and pick up your child from school and your employer says no, then the Nova Scotia Human Rights Act may apply, within certain parameters.

'Source of income' can apply to any legitimate means by which someone makes an income. This protected characteristic often comes up when someone is a recipient of Income Assistance. It is illegal, for example, for a landlord to deny renting someone an apartment because they are on Income Assistance.

'Gender identity and gender expression' are the most recent additions to the Nova Scotia Human Rights Act, added in 2012. These characteristics are distinct from the protected characteristic of sex, which is used to cover most gender-based human rights complaints. Gender identity and expression extend human rights protections to trans and non-binary people.

'Gender identity' refers to how someone identifies (for example, as a man, a woman, non-binary, two-spirit, genderqueer, or any of the many other gender identities that exist across the world). 'Gender expression' refers to how someone expresses their gender (for example, the way they dress, the pronouns they use, their name, and numerous other characteristics). It is illegal to discriminate against trans and non-binary people in employment or any other protected area. Discrimination of this kind can include refusing to use someone's name or pronouns, making transphobic comments, or refusing to allow someone access to a washroom which best aligns with their gender identity.

If you feel that you have experienced discrimination based on any of the above characteristics, you should contact the Nova Scotia Human Rights Commission for information and assistance. The Commission can give you guidance on what to do next if you are experiencing discrimination and can let you know if your situation would qualify as a human rights complaint.

      

You can contact the Nova Scotia Human Rights Commission (Commission) and discuss your situation with a Human Rights Officer. Before you do this, it's a good idea to use the Commission's complaint self-assessment tool which will help you better understand if you likely have a complaint that the Commission could address.

Human Rights Commissions are government offices given the task of upholding and enforcing human rights legislation in each province and federally. The federal Human Rights Commission deals with complaints that fall under the jurisdiction of the federal legislation (the Canadian Human Rights Act), while each provincial Human Rights Commission is responsible for dealing with complaints that fall under provincial jurisdiction.

A human rights complaint is a written statement in which the complainant (the person who is alleging discrimination) describes the incident or incidents which have occurred and explains why they feel there was discrimination.

After a human rights complaint is filed, the Commission is responsible for seeing that complaint through to its end. This may include undertaking an investigation, in which information is gathered from everyone involved in the dispute, including the respondent (the organization which has committed the alleged discrimination), witnesses, and anyone else who has a valuable perspective or information to contribute.

The Nova Scotia Human Rights Commission is committed to using restorative approaches whenever possible when handling complaints. This means that the Human Rights Officer who investigates the complaint may facilitate a Resolution Conference in order to help resolve the complaint. A Resolution Conference is a process through which those who has been involved in or impacted by discrimination have an opportunity to participate in a talking circle in which they share their experiences, how they have been impacted, and work together to find a meaningful solution.

A Resolution Conference is not appropriate in every situation, for example if there is a significant power imbalance between the two sides in a dispute, or if assembling together in this manner would cause more harm than good. If you are going through a human rights complaint process, your Human Rights Officer can explain the process in detail with you and discuss options for addressing your complaint.

Some human rights complaints are not resolved through a Resolution Conference or other internal investigative process used by the Nova Scotia Human Rights Commission. Some complaints are dismissed because the investigation reveals, for example, that there is no evidence of discrimination.

Other complaints may be referred to a Board of Inquiry, which is a public inquiry in which a Board Chair reviews the evidence (including all documentary evidence and witness statements) and determines whether discrimination has occurred. You can visit here to read many past Board of Inquiry decisions in Nova Scotia.

For more detailed information about the Nova Scotia Human Rights Commission's dispute resolution process, you can visit the Commission's Frequently Asked Questions page.

Similar to the Nova Scotia Human Rights Act, the Canadian Human Rights Act applies when someone has experienced discrimination in a protected area due to a protected characteristic.

Under the Canadian Human Rights Act, discrimination is prohibited in employment situations, employee organizations, the provision of accommodation (including residential and commercial tenancies), and in the provision of goods and services to the public.

Human rights complaints must be filed within a 12-month window of the last date of alleged discrimination. In certain exceptional circumstances, such as prolonged illness, the Canadian Human Rights Commission may consider complaints outside of this time period.

The Canadian Human Rights Act applies only to organizations which are federally regulated. For example, if you feel that you have experienced discrimination by the police, you would speak to the Canadian Human Rights Commission if you were dealing with the RCMP, but the Nova Scotia Human Rights Commission if you were dealing with the municipal police. The difference is that the RCMP falls under the federal jurisdiction, while the local police fall under the provincial scope.

Other organizations that fall under the federal jurisdiction include banks, telecommunications organizations (such as cell phone providers), organizations that involve travel across provinces (such as airlines, railway companies, and much of the trucking industry), among others.

Sometimes jurisdiction can be difficult to determine, particularly when an organization has characteristics that seem like they fall under federal power and characteristics that seem more provincial in nature. If you are not sure whether your complaint is federal in nature, you can contact the Canadian Human Rights Commission. They can let you know if your complaint falls within their jurisdiction, and if not, can direct you to the correct agency.

For more detailed information, visit the Canadian Human Rights Commission website, which includes information about what qualifies as a human rights complaint and the complaint process.

Protected characteristics under the Canadian Human Rights Act

The characteristics which are protected under the Canadian Human Rights Act are slightly different from the protected characteristics under the Nova Scotia Human Rights Act. 

Under the Canadian Human Rights Act, discrimination is prohibited on the basis of:

• race
• national or ethnic origin
• colour
• religion
• age
• sex (including both gender and pregnancy)
• sexual orientation
• gender identity and gender expression
• marital status
• family status
• genetic characteristics (for example, the possibility that someone may develop a particular disease or condition as determined through genetic testing).
• disability, and
• conviction for an offence for which a pardon has been granted.

The Canadian Human Rights Act also forbids harassment, as well as the publication of discriminatory notices and hate messages.

If you feel that you have experienced discrimination in a protected area covered by the Canadian Human Rights Act, you can contact the Canadian Human Rights Commission for more information. You may also wish to complete this online self-assessment tool to see if your complaint likely falls within the federal Commission's scope.

If the discrimination is at your place of work and you belong to a union, the union may be able to help you. Or you may be able to make a complaint to Nova Scotia Labour Standards, the government office that administers the Labour Standards Code.  Depending on the circumstances, you might be able to sue in court for wrongful dismissal. See our information on Losing Your Job for more on these options. It is a good idea to seek legal advice on your options. See our information on Lawyers and Legal Help.

If you have experienced sexual harassment at work see our information on Sexual Harassment in the Workplace and ways to get legal advice.

The duty to accommodate is a concept in human rights law that refers to an obligation to provide special adaptations or accommodation to people with disabilities or other characteristics covered by a Human Rights Act.

For example, imagine you are an employee at a large company and much of your job consists of writing reports. Over time, you have developed a medical condition which impacts your joints and in particular your ability to grip and type using a keyboard. In this situation, voice recognition software is an accommodation that your employer could easily provide and that would allow you to still perform your job duties.

Another example of the duty to accommodate would be if a transgender employee comes out to their manager with their updated name and pronouns. In this situation, the duty to accommodate would mean that the employer should update the employee's personnel file and take steps to make that the correct name and pronouns are used on any future documents regarding this employee.

The duty to accommodate usually comes up in employment situations, but it can arise in other protected areas too. Another area in which it frequently arises is in an educational setting. Students with particular disabilities, for example, may require additional time to complete exams or course work.

Accommodations take many forms. Examples of accommodations include time off for an employee who requires a medical leave, modifications to a work station for someone with a physical disability, a work-from-home arrangement for someone whose illness is aggravated by sensory conditions in an office space, extra time to write an exam, or permission for a service dog or emotional support animal to accompany a person into a public building.

Yes, your employer can ask for medical information regarding your accommodation needs. In most situations, accommodations must be supported by medical documentation.

For example, if you feel that you need an accommodation at work, your employer is within their rights to request a medical note that confirms your accommodation needs and helps them understand what is required of them.

This doesn't mean that your employer has a right to know the specific details of your diagnosis if your accommodation is related to a disability. An employer only has the right to know as much information as would be necessary to uphold their obligations under the law.

For example, if an employee does physical labour, the employer may need to know if there are any restrictions on this person's ability to perform their job duties. After a major surgery, an employee's doctor may advise that this person refrain from lifting objects over a certain weight for a given period of time until they have suitably recovered. This is the kind of information which an employer would need to know in order to provide an appropriate accommodation.

To give another example, if an employee is off on a medical leave, their employer may ask for information from the employee's doctor about expected return date and their ability to perform their job duties upon return.

When seeking medical information, employers are allowed to ask if the accommodation is related to a disability, the prognosis, and for details of what kind of accommodation is required. The employee is responsible for cooperating with any reasonable requests for medical information.

The duty to accommodate has limitations. In human rights law, the duty to accommodate only exists up to the point of what is called 'undue hardship.'

Undue hardship is the point when it would be logistically impossible or excessively difficult for an employer or service provider to accommodate a person's needs.

Undue hardship is assessed on a case-by-case basis. Some scenarios will reach a point of undue hardship more easily than others. For example, imagine that someone has a job which regularly involves operating a motor vehicle and they develop a condition which significantly impacts their eyesight. There are no other positions at the organization for which the employee would be qualified. In this situation, it is unlikely that the employer would need to accommodate the employee, because the employee is no longer able to perform the core functions of their job in a safe manner and there are no other appropriate positions available.

According to the Nova Scotia Human Rights Commission, factors that can be used in determining whether the accommodation would pose an undue hardship are:

• employee and customer safety,
• financial cost,
• interchangeability of the workforce and facilities,
• disruption of a collective agreement,
• disruption of services to the public,
• the morale of other employees, and
• the size of the employer’s operation.

An employer's obligations under human rights law can be case-specific. The same is true of undue hardship. If you feel like you have been denied an accommodation, you should contact your local Human Rights Commission to discuss your situation.

About human rights in Canada generally:

• Government of Canada
• The Canadian Human Rights Commission

About the Canadian Charter of Rights and Freedoms:

• Government of Canada
• Department of Justice, Charterpedia
• Government of Canada, Guide to the Canadian Charter of Rights and Freedoms

About human rights in Nova Scotia:

• Nova Scotia Human Rights Commission

Copyright is the exclusive right to produce, reproduce, perform or publish an original work, such as an original literary, dramatic, musical or artistic work, or any substantial part of it. It also applies to performers' performances, communications signals, and sound recordings. The person who creates the original work is called the author of the work.

In Canada, copyright extends for the lifetime of the author, performer or maker of the work and for 70 years after their death. Specific works that are no longer subject to copyright are said to be in the public domain and may be copied, performed and published, generally speaking.

The first owner of a copyright is the author of the work, unless the work is subject to an exception, such as when the work is created in the course of employment, or it is a photograph.

Copyright exists automatically when a person creates an original literary, dramatic, musical, artistic work or other work (provided the conditions in the Copyright Act have been met).

For works to be eligible for Copyright protection in Canada, at the date of the making of the work the author must have been:

• a citizen of Canada,
• a person ordinarily resident in,Canada,
• or a citizen or ordinary resident of another treaty country, meaning
  • a Berne Convention country,
  • a Universal Copyright Convention country
  • or a World Trade Organization [WTO] member. 

For copyright to exist, the work must be fixed in a material form. For example, a poem must be written down. Copyright will apply upon the first publication of the work.

Performer’s performances and sound recordings are also protected when they take place or are made or performed as applicable in Canada or a Rome Convention country by a citizen or company with headquarters thereof.  

Copyright does not protect:

• ideas,
• concepts,
• facts,
• information,
• slogans,
• most titles, plots, or methods, such as a method of teaching.

Copyright is acquired for an expression of an idea and not the idea itself. For instance, a particular idea or theme behind a romantic poem is not subject to copyright, but the expression of the idea is. For example, in a class of 15 students who write their own versions of a story, each student would have a copyright in their version.

Copyright can be registered with the Canadian Intellectual Property Office. While copyright exists even without registration, a certificate of registration is a notice to the public that copyright exists in the work and is owned by the registered owner of the work. It creates the legal presumption (legal starting point) that the registered owner is the true owner of the copyright in that work.

This doesn’t guarantee that the validity of ownership or the originality of a work will never be questioned.  Copyright is territorial in nature; meaning copyright protection depends on the laws of the country in which the author seeks protection.

There are several international treaties and conventions that protect copyrightable works. The Berne Convention is the main international convention that addresses copyright protection. It provides a common framework and minimum standards for copyright protection to be implemented by contracting states and extended to foreign nationals the same as domestic copyright holders. Canada has been a signatory to the Berne Convention since 1883.

The general rule is that people may not copy i.e., produce, reproduce, publish or perform works that are subject to copyright. However, there are some exceptions. One is the 'fair dealing' exception that allows limited portions of works subject to copyright to be copied for private study, research, education, parody or satire. There are also fair dealing exceptions for criticism or review and news reporting, provided the source of the work is provided along with the name of the author, performer, maker or broadcaster if mentioned in the source. How much use of a work will be considered fair dealing depends on the specific circumstances of each use. Plagiarism issues often revolve around the amount of copyright-protected material used.

In the case of material used for study, particular schools and universities may have entered into a photocopying licensing agreement that allows students and faculty to photocopy certain portions of copyright-protected material that would otherwise constitute copyright infringement. If you have concerns about whether the use of a copyrighted work would be copyright infringement in such a case, the school administration or library should be able to tell you about its copyright policy. 

Images posted on the internet are subject to the same copyright protection as images published in any other form. The Copyright Act also allows for the reproduction of works for an individual’s private purposes.

Regarding the public performance of musical works, sound recordings, theatrical works and similar subject matter, performers or presenters must make sure that the rights to perform or present the works subject to copyright are secured either through the venue where the performance will happen or through the author or owner directly. Also, a licence may be needed from a Collective Society. The Society of Composers, Authors and Music Publishers of Canada (SOCAN) administers performing rights and reproduction rights on behalf of member creators and publishers. The Society issues licences and collects royalties on behalf of its members.

Under the Copyright Act, an author has a moral right in the work they create. This moral right is the right the author has to the integrity of their work, and the right to be associated with it as its author, or under a pseudonym. This may relate to when that work is reproduced, performed, adapted, communicated to the public or otherwise dealt with as outlined in the Copyright Act.

Moral rights are infringed when, to the prejudice of the honour or reputation of the author, the work is distorted, mutilated, otherwise modified, or used in association with a product, service, cause, or institution without permission. Moral rights also give the author the right to remain anonymous. Unlike copyright, moral rights cannot be assigned to other owners, but they may be waived by the author.

A trademark is a sign, or a combination of signs, used in connection with a good or service of an individual or organization in the marketplace that distinguishes it from those offered by others. A trademark can be an ordinary trademark or a certification mark. An ordinary trademark could include words, designs, letters, sounds, colours or a combination of these. It could also include tastes, textures, moving images, modes of packaging, holograms, scents, three-dimensional shapes or combinations thereof, all of which operate to distinguish goods and services from others.

Certification marks are marks that can be licensed to various individuals or entities to show that the goods and services meet a defined standard. The trademark must identify good(s) or service(s) and must be in current use or be proposed to be used. The date of first use is significant to trademark claims.

Trade names are not the same as trademarks. Trade names are names under which a business operates or conducts business, whether it is the registered company name. They may also allow a corporation to operate with a different name from its registered corporate name e.g., a numbered company in Nova Scotia doing business under its trade name “123 Electric”. Unlike a trade name, a trademark is associated with goods and services that the Company sells and provides protection for the distinctive elements of such goods and services.

It is important to note that the registration of a company or trade name with the Registry of Joint Stock Companies does not protect it as a trademark. 

It is possible to have several trademarks under a trade name (which itself may or may not be a trademark). We often see this with consumer product companies where several sub-brands exist.

When you register your trademark, you get the sole right to use the mark across Canada for 10 years. You can renew your trademark every 10 years after that.

A registered trademark is one that has been entered into the Register of Trademarks. The certificate of registration is direct evidence that you own the trademark.

Registration of a trademark is not mandatory, but it does make it easier for the trademark owner to prevent others from using the trademark, or similar ones, in association with the same or similar wares and/or services. 

By using a trademark for a certain length of time, you may have rights under common law for the use of the mark. However, you may have to deal with any disputes related to your use and ownership of the mark and court proceedings might be expensive. If you do not actively use the mark in Canada, your registration may be expunged from the Register of Trademarks. 

A trademark is a unique form of IP that can effectively remain in force perpetually. Since trademarks are brand/product identifiers this is even more significant!

The registration process can also help a business make sure that it is not infringing the trademark of another business. Registration also provides public notice of ownership of the trademark and the origin of the good or service.

A trademark agent may help persons, organizations and businesses in determining whether a selected trademark has the potential to be registered and can assist with the application process. A list of trademark agents is provided on the Canadian Intellectual Property website. Separate applications must be filed for each country in which protection for a trademark is desired.

The applicant for registration of a trademark must be a “person” i.e., an individual, partnership, trade union, association, joint venture, or corporation. The applicant may also be two or more persons.

Several specific types of trademarks may not be registered. These include:

• Trademarks that would be likely to confuse the minds of average consumers due to their similarity with previously registered or pending trademarks.
• Trademarks that are clearly descriptive or deceptively misdescriptive of the wares and/or services they are to be associated with.
• Trademarks that indicate the geographical origin or mode of production of the product.
• Trademarks that make use of national flags and coats of arms.
• Trademarks that use offensive imagery or words.
• Trademarks that are names and surnames are also excluded, except where some goods or services have become well-known under the name such that they have acquired a second meaning in the eyes of the public.

 A patent is an exclusive right granted for an invention which prevents others from making, using, distributing, importing, or selling such invention without the consent of the patent owner. Inventions could include products, compositions, machines, processes, or an improvement of these. Given that patents are territorial rights, they apply in the country or region the patent is filed. In Canada, the first to file a patent application would be granted the patent for up to 20 years.

Under the Canadian Patent Act, protection is available for any new and useful art, process, machine, manufacture, composition of matter or any new and useful improvement on any of these.

To qualify for a patent, the invention must be:

• new 
• useful, and 
• inventive.

New
The invention must be the first of its kind in the world. The invention must not have been previously disclosed to the public by anyone other than the inventor. Even disclosure of the invention to the public by the inventor before the patent application is filed can in some circumstances (such as trade exhibitions) prevent the invention from being 'new' and may ruin the potential for it to be patented. 

Useful
The invention must be functional and operative. The invention must add value to the existing technology. 

Inventive
The invention must be inventive, show ingenuity and not be obvious to a person of ordinary skill working in the art or science it pertains to. A person of “ordinary skill in the art” could be someone well-versed with technology through education and/or experience in the area. The reference point for comparison to existing technology is any published research, literature, existing inventions (whether patented, non-patented or having an expired patent) and in some cases existing traditional knowledge. This gamut of pre-existing knowledge is called prior art.

Rights in a patent are not on the entire invention/product/process but are restricted to the "claims" made. Nothing stops someone from making a patent application for an improvement on a common object like a pen or stapler, so long as they restrict their patent rights, via "claims”, to the new, useful and not obvious features of the invention/improvement. 

Inventors can search the Canadian Patent Database to find out what inventions are already patented in Canada. Some things such as ideas, concepts, scientific principles, methods of treatment, forms of energy, and printed matter cannot be patented. Computer programs may be patented only where they offer new and inventive solutions to problems through modifications to how the computers work.

Since patents are granted to the first inventor to apply, it is wise for an inventor to file for a patent as soon as possible, but not so soon in the development process that key features of the invention are not yet known. Also, as mentioned above, disclosure of the invention before applying may ruin the potential for a patent in some cases.

Making a patent application can be a lengthy and complex process and inventors often seek professional help from a registered patent agent. A list of registered patent agents is provided on the College of Patent Agents & Trademark Agents website. Separate applications must be filed for each country in which protection for a patent is desired.

Industrial designs are the features of shape, pattern, configuration or ornamentation that give an article visual appeal, such as the shape of a lamp or a chair. Industrial designs do not include features of an article that are dictated solely by a utilitarian function. It protects the aesthetic look/ design of the entire article or parts of it, not how it is made or functions.

The Industrial Design Act grants the registrant protection for the three-dimensional features of shape and configuration, and the two-dimensional features like pattern, ornament and colour, of a finished article. 

Items such as ideas, methods of construction, materials used in the construction of an article, or the function of an article are excluded from registration. 

Registration provides the owner with the sole right to make, import for trade or business, sell, rent, offer or expose for sale or rent any article produced with the same or a substantially similar appearance for a period of ten years from the date of registration in Canada, or 15 years from the date of filing whichever ends later.  To attract protection, the design must be novel, must not have been in prior use by another person, must not closely resemble other registered or pending designs, and must be sufficiently original, involving a “spark of inspiration”.

Industrial designs can only be protected through registration with the Canadian Intellectual Property Office. However, it is important to note that if fewer than fifty copies of the article using the design are produced and the design is original, created by the author’s exercise of skill and judgment the design may be protected as an artistic work under copyright. If the article is reproduced more than fifty times, it may not be an infringement of copyright for a third party to copy such article except an exception applies (the “more-than-50 rule). Also, some protection for a product design may exist under the trademark as a distinguishing guise in some circumstances such as when consumers associate the design of a product with a business such that it has acquired distinctiveness. Protection will last for as long as the distinguishing guide is used and registered and this would also work as an exception to the more-than-50 rule. 

 The general rule is that an application for an industrial design must be filed within one year of the design being offered for commercial sale or displayed to the public anywhere in the world. Separate applications must be filed for each country in which protection for an industrial design is desired.

• If you can, consult with a lawyer who practices intellectual property law.
• Search in all jurisdictions (places) where you plan to market and sell your product.  This will minimize the risk of infringing on someone else's IP.
• If you want to launch your product or process in multiple jurisdictions, make sure you meet all requirements in each jurisdiction.  To save time and money consider whether you can take advantage of a convention or treaty to file in multiple jurisdictions, rather than filing in each country.
• Register your IP. Registration is proof of ownership and acts as notice to the public. In the event of litigation, the registrant is often presumed to be the owner, where a registered and unregistered IP compete.
• Once you register your IP, be diligent about paying the necessary renewal fees.
• Use well-crafted contracts. It is important to have contracts in place when working with other people (partners, service providers, employees, contractors, etc.). If you are using your design, work, invention etc. make sure that fact is stated in the contract.
• Consider adding confidentiality clauses to contracts and/or having non-disclosure agreements in place to prevent misappropriation of your work. 

More information on each of these types of intellectual property  is available on the Canadian Intellectual Property Office website at http://cipo.gc.ca, and further information may also be available through Business Canada.

If you need advice about an intellectual property issue then consult with a lawyer in private practice who does intellectual property work. Here is some information about ways to find a lawyer: https://www.legalinfo.org/lawyers-legal-help/find-a-lawyer

Under the Labour Standards Code, you must get an unbroken break of at least 30 minutes after every 5 hours of work. In addition, you have a right to take a break if you need one for medical reasons.  You may also have a right to extra breaks if you need accommodations under the Human Rights Act.  Contact Nova Scotia's Human Rights Commission for information about workplace accommodations.

However, an employer does not need to give a break if:

• there is an accident
• urgent work must be done
• there are unforeseeable or unpreventable circumstances
• it is unreasonable to take a meal break.

Your employer does not have to pay you for breaks unless your employer requires you to be available for work during breaks. 

Some employees, such as unionized employees, are not covered by these rules.

More information: NS Labour Standards Breaks & Rest Periods page.

Under the Labour Standards Code, you are entitled to up to three unpaid sick days each year to care for a sick family member or attend medical or dental appointments. Your employer may provide additional sick benefits, and you may also be eligible for up to 15 weeks (if claimed before December 18, 2022) or 26 weeks (if claimed on or after December 18, 2022) of Federal Employment Insurance sickness benefits. Contact Employment Insurance for more information.

If you are pregnant, you are entitled to an unpaid pregnancy leave of up to 16 weeks. If your employer asks, you must provide your employer with a doctor's certificate confirming your pregnancy. You must give your employer 4 weeks' notice of the date you will start pregnancy leave and the date you will return to work if you return earlier than 16 weeks. If you cannot give 4 weeks' notice for medical reasons or because the baby comes early, you need to give your employer as much as possible.

Pregnancy leave can't begin sooner than 16 weeks before the expected delivery date and not later than the delivery date. Subject to Nova Scotia human rights law (Human Rights Act), if your pregnancy prevents you from performing your regular job duties, your employer can require you to take an unpaid leave of absence.

Parents of a newborn or newly adopted child are entitled to a parental leave of absence of up to 77 weeks.

You must take any parental leave within 18 months of the child's birth or arrival in your home and give your employer 4 weeks' notice of when you will begin the leave and the date you will return to work if you plan to return early.

A person who took pregnancy leave may also take parental leave. In that case, parental leave starts immediately at the end of the pregnancy leave, without a break between the two leaves.  The pregnancy and parental leaves combined cannot total more than 77 weeks (maximum 16 weeks pregnancy leave + 61 weeks parental leave).

Are adoptive parents entitled to parental leave?

Yes, parents of a newly adopted child are entitled to up to 77 weeks of unpaid parental leave. You must take any parental leave within 18 months of the child's arrival in your home and give your employer 4 weeks' notice of the dates when you will start and end your leave, or give notice as soon as possible if the adoption placement happens sooner than expected.

No. Both pregnancy and parental leave are unpaid leaves from work under the Labour Standards Code. However, Employment Insurance maternity and/or parental benefits (canada.ca/en/services/benefits/ei/ei-maternity-parental.html) may be available to those who take these leaves, and your employment contract may also provide pregnancy and/or parental leave benefits.

When you return to work after pregnancy and/or parental leave, you must be allowed to return to the same position or, if that position is no longer available, to a comparable one with no loss of seniority or benefits. If your employer does not allow you to return from pregnancy/parental leave, you may be able to make a complaint.  Contact the Nova Scotia Human Rights Commission and Nova Scotia Labour Standards for more information.

More information: NS Labour Standards parental and pregnancy leave page.

If you are pregnant and your pregnancy does not end in a live birth, you are entitled to an unpaid leave of absence for the end of pregnancy. This new form of leave came into effect on 1 January 2023. The reason for the end of your pregnancy does not impact your eligibility for the leave, and your employer is not allowed to ask you for the reason for the end of your pregnancy.

Who else is entitled to end of pregnancy leave?

Apart from the pregnant person whose pregnancy has come to an end, the following people are entitled to up to 5 consecutive working days of unpaid leave:

1. The spouse of an individual whose pregnancy ended without a live birth
2. The former spouse of an individual whose pregnancy ended without a live birth, if they would have been the biological parent
3. A person who would have become the parent of a child born as a result of the pregnancy through a surrogacy agreement
4. A person who would have become the parent of a child born as a result of the

pregnancy under an intended adoption according to the laws of Nova Scotia

How long do I have?

If your pregnancy ends before week 19, you are entitled to an unpaid leave of absence of up to 5 consecutive working days. 

If your pregnancy ends after week 19, you are entitled to an unpaid leave of absence of up to 16 consecutive weeks. 

The end of pregnancy leave cannot be more than 6 weeks if you were on pregnancy leave for more than 10 weeks when your pregnancy ended. That means if your pregnancy ends while you are on pregnancy leave, and you have taken more than 10 weeks of pregnancy leave when your pregnancy ends, you are entitled to up to 6 additional weeks of unpaid leave from the day your pregnancy ended. 

For example, if you are on the 11th week of pregnancy leave when your pregnancy ends, you are entitled to 6 weeks of leave from the day your pregnancy ends. If you are on the 9th week of pregnancy leave when your pregnancy ends, you are entitled to 16 weeks of leave from the day your pregnancy ended.

Notice for the leave

To take leave for the end of pregnancy, you must provide your employer with as much notice as possible of your intention to take the leave and the anticipated start and end date. If you have to begin the leave before you can provide your employer with such notice, then you will have to advise your employer as soon as reasonably possible of the date the leave began and the end date of the leave.

Your employer may ask you to provide a form developed by the Labour Standards Division to support your entitlement to leave for end of pregnancy. There are two different forms- one for the person whose pregnancy ended and another one to be used by the spouse, former spouse and for surrogacy and adoption.

After at least three months in a job, you might be able to take time off work if you or your child (under 18) experiences domestic abuse.   This is called domestic violence leave. Under the Labour Standards Code, domestic violence is an act or threat of abuse that may be physical, sexual, emotional or psychological.  It may include coercion, stalking, harassment, or financial control.

Domestic violence leave gives you the right to take time off work to move (short-term or long-term) or to get medical, legal and/or psychological support or other professional counselling for you or your children. 

Domestic violence leave allows an employee to take:

• up to 16 weeks in a row of unpaid leave, and
• up to 10 days of protected leave in a calendar year, taken all in a row or broken up.

Protected leave means that after the leave, you must be allowed to return to the same job or, if that job is no longer available, to a comparable one with no loss of seniority or benefits.

Employers must pay for up to three days of domestic violence leave.

This leave applies to employees in provincially regulated workplaces and to unionized employees. You can learn more about domestic violence leave by clicking here.

You can combine domestic violence leave with other types of leave. Contact Nova Scotia Labour Standards at 902-424-4311 or toll-free at 1-888-315-0110 for more information about domestic violence leave and other leaves from work.

You are entitled to take an unpaid leave to provide care and support to a critically ill or injured adult if:

• you have worked for your employer for at least 3 months
• the ill or injured person is over 18 years old
• they are a family member (or a person like family)
• they have a life-threatening illness or injury
• a qualified medical practitioner issues a medical certificate stating that the adult has a critical illness and the period for which the adult needs care.

To take the leave, you must let your employer know in writing as soon as possible of your intention to take the leave. If you need to take the leave before giving notice, you must advise your employer of the leave as soon as possible. 

You must also give your employer a plan setting out how you will take the leave since you can break the leave up into more than one period over the 52-week time frame. You can change your leave plan during the leave with your employer’s agreement or by providing your employer with reasonable notice. Your employer can ask in writing for a copy of the medical certificate.

How much critically ill adult care leave can I take?

You can take up to 16 weeks’ leave, which you must take within a 52-week time frame. You can break the leave up into several periods of at least one week during this time frame. The 52-week time frame begins on the first day of the week when the adult becomes critically ill.

If the employee stops providing care to the adult, the leave ends at the end of the week in which the employee stops providing care. Otherwise, the leave ends when you reach the limit stated in the medical certificate. 

Am I entitled to be paid while on critically ill adult care leave?

Critically ill adult care leave is unpaid, but income support may be available through the federal Employment Insurance family caregiver benefits for critically ill adult programs.  If you are eligible for federal Employment Insurance benefits to care for a critically ill adult, you may get up to 15 weeks of benefits within 52 weeks. For more details on this benefit, contact Service Canada.

What is the difference between critically ill adult leave and compassionate care leave?

A critically ill adult is a person 18 or older who has a life-threatening illness or injury. For compassionate care leave, the family member (of any age) has a serious medical condition with a significant risk of dying within 26 weeks (providing what is likely to be end-of-life care). 

An employee can take critically ill adult leave when a close family member develops a life-threatening medical condition, and then, if the condition of the family member worsens to the point that they may die, the employee can take compassionate care leave as well. 

Click here to learn more about critically ill adult care leave.

Compassionate care leave is an unpaid leave of up to 28 weeks if you have to take care of or give support to a seriously ill family member who has a serious risk of dying within 26 weeks.  You must have been in that workplace for at least three months.  Your employer may ask for a medical certificate from a medical doctor stating that the family member is at serious risk of dying within 26 weeks.

Your employer may grant compassionate care leave to allow you to provide care or support for a family member or person who is like family, including:

• your spouse (including common-law partner, if you have lived together for 1 year or more)
• your or your spouse's parent, step-parent or foster parent
• your or your spouse's child or step-child or your current or former foster child
• your brother, step-brother, sister, or step-sister
• your or your spouse's grandparent or step-grandparent
• your or your spouse's grandchild or step-grandchild
• your brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law 
• your or your spouse's son-in-law or daughter-in-law
• your or your spouse's uncle or aunt
• your or your spouse's nephew or niece
• the spouse of the employee's current or former foster child, current or former guardian, grandchild, uncle, aunt, nephew or niece
• your current or former guardian
• your or your spouse's current or former ward
• someone considered to be like family, whether or not you are related.  Your employer may ask you for a Family Member Attestation form.

Contact Nova Scotia Labour Standards if you are unsure whether you are eligible to take compassionate care leave for a family member or person you consider to be like family.

How much compassionate care leave can I take?

You can take up to 28 weeks of leave, which you may divide into periods of at least one week each.  You must take the leave within 52 weeks. The 52-week time frame begins on the first day of the week the leave began. You must give your employer as much notice as possible when taking compassionate care leave.

Am I entitled to be paid while on compassionate care leave?

Compassionate care leave is unpaid. However, you may qualify for up to 26 weeks of compassionate care Employment Insurance benefits under the Federal Employment Insurance Program - canada.ca/en/services/benefits/ei/ei-compassionate.html. Your employment contract may also provide compassionate care leave benefits.

More information: NS Labour Standards compassionate care leave page.

If you have worked for your employer for at least 3 months, you are entitled to an unpaid leave of up to 37 weeks to provide care or support to your critically ill child or a child who is like family to you.  The child must be under the age of 18. 

Contact Labour Standards if you are unsure whether you would be eligible for this leave.

You must provide a doctor's certificate showing that the child's life is at risk due to illness or injury and the length of the leave. You must give your employer as much notice of the leave as possible.  Notice should be in writing.  You must take the leave in periods of at least 1 week within a 52-week time frame. The 52-week time frame begins on the first day of the week the leave began. When you return to work, you must be allowed to return to the same or comparable position with no loss of seniority or benefits. If your employer does not allow you to return to your job after this leave, you may be able to make a complaint. Contact Nova Scotia Labour Standards for more information.

This provincial leave is unpaid, but income support may be available through the federal Employment Insurance family caregiver benefits for critically ill children program.  If you are eligible for federal Employment Insurance benefits to care for a critically ill child, you may get up to 35 weeks of benefits within 52 weeks.

More information: NS Labour Standards critically ill child care leave page.

If you are a parent and you have worked for your employer for at least 3 months, you are entitled to an unpaid leave of up to 52 weeks if your child (under 18) disappears as a result of a probable crime or up to 104 weeks if your child has died as a result of a probable crime. You must take the leave continuously – it can’t be broken up into shorter periods. An employee can’t get the leave if they have been charged with the crime which resulted in the child’s death or disappearance.

When you are on 52‐week unpaid leave, and your missing child is found alive, you can continue the unpaid leave for another 14 days. If your child is found dead, the disappearance leave ends immediately, and you can start 104 weeks of leave for the death of your child.

When you return to work, you must be allowed to return to the same or comparable position with no loss of seniority or benefits. If your employer does not allow you to return to your job after this leave, you may be able to make a complaint. Contact Nova Scotia Labour Standards for more information.

This leave is unpaid, but income support may be available through the federal Canadian Benefit for Parents or Legal Guardians of Young Victims of Crime - contact Service Canada for information.

More information: NS Labour Standards crime related child death or disappearance leave page.

You may take up to five consecutive working days' leave on the death of your:

• spouse (married or common-law)
• parent
• guardian
• child or a child in your care
• grandparent
• grandchild
• sister or brother
• mother or father-in-law
• son or daughter-in-law
• brother or sister-in-law.

Bereavement leave is unpaid. You must give your employer as much notice as possible that you are taking bereavement leave.

Unpaid emergency leave is available under the Labour Standards Code if:

• A government agency has declared a public emergency, and you cannot work as a result, or;
• A medical officer (under the Health Protection Act) has ordered you to stay home, for example, because you have a contagious disease or
• You must stay off work to care for a family member in one of the above situations, and you are the only person who can reasonably care for your family member. 'Family member' is defined in the same way as it is for compassionate care leave (see above).

Unpaid emergency leave is for public emergencies, such as a weather disaster or public health crisis, not personal emergencies, such as a family illness. You must give your employer as much notice as possible that you are taking emergency leave, and your employer may request reasonable evidence that you are entitled to emergency leave. Emergency leave lasts as long as the emergency continues and prevents you from working.

More information: NS Labour Standards Emergency Leave page.

You can take an unpaid court leave if you must serve on a jury or appear as a witness. You must give your employer as much notice as possible if you have to go to court.

This leave is for employees who serve in the Canadian Forces Reserve Force and require time off from their civilian employment for service. The leave can be taken for:

• a deployment inside or outside of Canada and associated activities, 
• training required by the Canadian Forces(including military skills training), 
• travel related to deployment and training, and 
• treatment, recovery or rehabilitation for a physical or mental health problem resulting from deployment or training activities.

You can take this unpaid leave from your civilian work if you have worked for your employer for at least three months. The leave cannot be longer than 24 months in a 60-month period. It can be more than 24 months if the leave is required due to a national emergency under the Emergencies Act (Canada). You must return to work within four weeks of the end of your service period. You must give your employer 4 weeks written notice before taking the leave. If it is an emergency, you must give as much notice as possible.

More information: NS Labour Standards Leaves from work page.

Yes.  You may take up to one (1) day of unpaid leave to attend your citizenship ceremony on the day of the ceremony.  You must give your employer fourteen (14) days' notice, or as much notice as you reasonably can, of the date of your citizenship ceremony and how long you will be away from work.  Your employer may require proof of the date of your citizenship ceremony.

More information: NS Labour Standards Citizenship Ceremony leave page.

Your employer must give you the option to keep up any benefits plan you belong to if you take any of the following leaves:

• pregnancy 
• end of pregnancy
• parental
• compassionate care
• critically ill child
• critically ill adult
• crime-related child death or disappearance
• reservists'
• citizenship ceremony 
• emergency  

Maintaining benefits would be at your own expense unless your employer agrees otherwise. 

Your employer must keep confidential information they receive about your protected leave of absence.

When you return from any of these leaves, your employer must accept you back into the same or a comparable position with no loss of benefits or seniority. There are a few exceptions. Contact Labour Standards for more information. Also, 

Communicate with your employer in writing about your leave request. Ensure there is a clear written record of:

• when you gave your employer notice of the leave request
• the type of leave you requested
• the amount of leave you asked for

Do not make any assumptions about your employer's decision regarding your leave request. For example, if you don’t hear a response from them, don’t assume that your request has been granted. Ask your employer to confirm their decision in writing. 

If your employer insists on discussing the matter in person or over the phone, send a follow-up email after the meeting to confirm what was discussed. 

If you end up in a dispute with your employer, contact Labour Standards.

If you believe your employer is discriminating against you, you can submit an inquiry to the Nova Scotia Human Rights Commission. 

Nova Scotia Department of Labour and Advanced Education (provincially regulated workplaces)
Labour Standards Division
Halifax: (902) 424-4311
Toll-free: 1-888-315-0110
Website: novascotia.ca/lae/employmentrights/

Employment Insurance - Service Canada
Toll-free: 1-800-206-7218
Website: canada.ca/en/services/benefits/ei.html

Employment and Social Development Canada Labour Program (federally regulated workplaces)
Halifax: 902-426-4995
Sydney: 902-564-7130
Toll-free: 1-800-641-4049
Website: labour.gc.ca

Not all workers are employees. People who are self-employed or independent contractors are not protected the same as employees.

Independent contractors usually:

• control their own work and how they do it
• use their own tools and materials
• are responsible for their own profits and losses.

For more detailed information about the difference between an employee and an independent contractor, go to:

• the Labour Standards Division website 
• the Employment and Social Development Canada website
• the Canada Revenue Agency website

If your employment status is unclear, start by contacting the Labour Standards Division. A professional like a lawyer or accountant can also assess that for you.

Every employee has a contract with their employer. It is governed mainly by labour standards legislation and case (common) law. If you lose your job, your employer has terminated your employment contract. 

Human rights legislation also protects employees from discrimination. Other legislation protects against certain reprisals (see section below), which can apply when an employee loses their job.

Labour Standards Codes

Most people work in provincially regulated industries protected by the Nova Scotia Labour Standards Code. The Labour Standards Division of the Nova Scotia Department of Labour, Skills and Immigration enforces it.

The Canada Labour Code protects employees in federally regulated industries like banks and telephone companies. The Labour Program of Employment and Social Development Canada enforces it.

These laws mainly create minimum requirements: the least employers must do for employees. Your employment contract may offer more than the minimum.

Case law

Case law comes from a judge's decision rather than from legislation. Sometimes cases about employees’ rights go to court. When a judge decides on a case, other judges can use the decision as a guide in future cases.

Employees tend to get more protection from the case law than from the labour standards laws, which only establish minimum requirements. 

Human Rights Act
The Human Rights Act protects most employees in Nova Scotia. The Human Rights Act is the provincial law that prohibits employers from discriminating against employees based on any personal characteristic named in the Act. The Nova Scotia Human Rights Commission enforces that law.

Employees in federally regulated workplaces receive the same protection from a law called the Canadian Human Rights Act. The Canadian Human Rights Commission enforces that law.

Collective agreements

In unionized workplaces, the employees negotiate or bargain with the employer to reach a collective agreement to protect unionized employees’ rights. The collective agreement will usually cover dismissal, notice periods and layoffs. Contact your union if you have questions about your agreement.

A reprisal is a form of retaliation. It is an action your employer takes in response to a specific action of yours. Some laws prohibit certain types of employment reprisals. For example, an employee cannot be terminated as a reprisal for:

• attempting to unionize
• complaining to Occupational Health and Safety, Labour Standards or the Human Rights Commission
• making a report to a Department of Environment and Climate Change
• making a report about a child or adult needing protection, done in good faith, where you have a legal duty.

Not all employees have the same rights. The rights you have when you lose your job depend on things like:

• whether you are in a unionized or non-unionized workplace
• how long you have worked for your employer
• if you work in a provincially regulated industry (as most people do) or a federally regulated industry
• if you work in an industry that is exempt from the termination rules in the labour standards legislation
• the terms of your employment contract
• the reasons for and circumstances of your termination.

The starting point (legal presumption) for termination is that your employer is supposed to give you advance notice or pay instead of (in lieu of) notice. This gives you time to prepare and look for other work. Some situations do not require reasonable notice of dismissal. We discuss this in the Dismissal Without Notice section.

If you have worked for your employer for 10 years or more, you are entitled to just cause (a good reason) for termination. If you have worked for your employer for less than 10 years, they can terminate you without cause.

What if the labour codes do not include me?

Labour code termination rules may not cover some employees. For example, employers can dismiss construction workers without just cause or advance notice.

Even if you are not covered, you may be able to sue your employer, but that’s something that you should consult with an employment lawyer about.

Do employees on probation have protection?

Employees on probation (when skills and job suitability are assessed) have less protection than permanent ones. Probationary periods are in the provincial and federal labour standards legislation. Your employment contract can also specify a probationary period.

The probationary period under the federal and provincial labour codes is 3 months. Within that period, the codes allow the employer to terminate the employee without advance notice. Technically, even on probation, the common law may entitle you to notice of dismissal in some circumstances.

Do employees hired for a definite time period have protection?

Some employees are hired for a definite term and know when their job will end. A common example is seasonal employees.

In provincially regulated workplaces, the Nova Scotia Labour Standards Code says if you are hired for a definite period of less than 12 months, you are not entitled to notice of dismissal when the job ends. Provincial notice provisions apply if you have a definite term of more than 12 months.

In federally regulated workplaces, the Canada Labour Code says if you are employed for 3 consecutive months, you should get at least 2 weeks’ written dismissal notice or 2 weeks’ pay. Under case law, employees dismissed before their term is completed may be entitled to full payment for the rest of that term if their work was satisfactory.

The provincial and federal labour codes set out the minimum amount of notice the employer must provide when terminating an employee. The notice must be in writing. The employer can choose to provide pay instead of notice.

Under the provincial and federal labour codes, the minimum amount of notice you are entitled to depends on:

• the industry that you work in
• the length of time you have worked for your employer
• whether your employer is alleging that they have just cause for immediate termination.

If the employer does not want to provide notice, they can give the employee pay instead of (in lieu of) notice. Pay is usually preferable because it frees you from working out the notice period.

Minimum notice periods from the Nova Scotia Labour Standards Code

Most employees in Nova Scotia are entitled to these minimum notice periods:

• 1 week: if employed for 3 months or more but less than 2 years
• 2 weeks: if employed for 2 years or more but less than 5 years
• 4 weeks: if employed for 5 years or more but less than 10 years
• 8 weeks: if employed for 10 years or more.

If you have worked for your employer for 10 or more years, you have additional protection under the Code. You cannot be fired or suspended without just cause. If there is no just cause, you can ask for your job back (reinstatement). You can do that by contacting the Labour Standards Division.

Where 10 or more employees are dismissed within 4 weeks, the employer must give between 8 to 16 weeks’ notice. The length depends on the number of workers dismissed.

You can find this information on the Labour Standards website. 

What are the minimum notice periods from the Canada Labour Code?

Employees in federally regulated industries are entitled to these minimum notice periods:

• 2 weeks: if employed for 3 months or more but less than 3 years
• 8 weeks: if employed for 3 years or more.

The notice must be in writing. The employer can choose to provide pay instead of notice.

Employees in federally regulated industries should also receive a minimum amount of severance pay. If you have at least 12 consecutive months of service and are dismissed without cause, you are entitled to the greater of either:

• 5 days’ pay, or
• 2 days’ pay at the regular rate for each completed year of employment.

You can find this information on the Government of Canada’s website.

What is reasonable notice under case law?

There is no minimum amount of notice specified in the case law. According to case law, the employer must give reasonable notice of termination based on the circumstances.

What counts as reasonable notice under case law depends on:

• terms of the employment contract
• reasons for termination
• level or position in the organization
• length of service
• age and ability to find comparable employment
• time required to secure another position
• type of industry and its custom about dismissal and notice
• hiring circumstances—especially if your employer persuaded you to leave a previous job.

Case law doesn’t work the same way as the provincial or federal labour codes. The Labour Standards Division and the federal Labour Program do not enforce this type of case law. It is enforced in civil court through lawsuits.

Pay instead of notice is a form of severance pay. It is the only type of severance pay addressed in the Nova Scotia Labour Standards Code. Your employment contract might include terms about severance pay that entitles you to more than just pay instead of notice.

In practice, employers often use the terms severance pay and pay in lieu of notice interchangeably in their written notices. You may receive a dismissal notice that uses the term pay in lieu of notice rather than severance (or that uses the term severance rather than the term pay in lieu of notice). How much money they offer you is more important than what they call the payment.

Time-sensitive severance offers

If you have received a severance offer from your employer, only an employment lawyer can say if it is reasonable.

Employers usually include a deadline in their offer letter, and often it is very tight.
Your entitlement to reasonable pay instead of notice doesn’t expire at the end of a deadline imposed by your employer. If you miss the deadline in the letter, then you can still sue your employer if they fail to provide you with reasonable pay in lieu of notice.

In some situations, an employer can dismiss an employee without providing notice or pay in lieu of notice. For example, under the Nova Scotia Labour Standards Code, an employer does not have to provide notice:

• when an employee works for the employer for less than 3 months
• when an employee works for the employer for a set term or task no longer than 12 months, and the employee’s job ends when the set term or task ends
• when there is a sudden and unexpected lack of work that the employer cannot avoid
• when a person with less than 10 years of service is laid off or suspended for 6 days or less.

An employer can also terminate an employee without notice if they have the proper justification. The law calls this “just cause for dismissal without notice.” Examples of situations where your employer may be justified in dismissing you without notice include:

• you are caught stealing, being under the influence, destroying property, committing a crime, or endangering other people
• you are wilfully disobedient, disrespectful or insubordinate.
• you seriously or repeatedly fail to do your job properly
• you have acted in a way that clearly shows no work commitment (for example, being chronically late, absent, or off task). Several more minor incidents may indicate that you are unwilling or unable to fulfill your responsibilities.

Your employer is generally expected to try to fix the problem before dismissing you without notice. This includes giving you warnings, reprimands and suspensions in a progressive series of steps.

Can I be dismissed without notice if the business is sold?

No. Selling or closing the business is not usually a reason to dismiss without notice.

Similar situations include:

• lack of work or job redundancy due to reorganization or other actions your employer can control
• personality conflict, unless it is accompanied by misconduct
• looking for other work
• garnisheed wages (explained in Bankruptcy).

The answer depends on:

• whether you work in a provincially or federally regulated workplace
• how long you have worked for your employer
• the terms of your employment contract.

If you work in a provincially regulated industry (which most people do) and have worked for your employer for less than 10 years, you can be dismissed without cause under the Nova Scotia Labour Standards Code.

However, you may have grounds for a wrongful dismissal claim against your employer if you suspect the termination was for any of the following reasons:

• reasons contrary to human rights legislation
• making a complaint under the Occupational Health and Safety Act
• being on a health and safety committee
• complaining to the Labour Standards Division.
• submitting a report to the Department of Environment and Climate Change.

However, if you have worked for your employer for 10 or more years, then you are entitled to just cause for dismissal, which means your employer must give you a good reason.

If you work in a federally regulated industry and you have worked for your employer for 12 consecutive months, you can write to your employer asking for their reasons. The employer must reply within 15 days of your request.

In most cases, no. You can try to repair your work relationship and persuade your employer not to fire you. But generally, you cannot force your employer to keep you on as an employee. If they terminate you improperly, you may have grounds for a wrongful dismissal claim. But those claims are reactive: meaning they come after the termination, not before it.

It’s entirely up to your employer to allow a third party, like a lawyer, to attend a meeting. 

You do not have the right to have a lawyer present, even if it might result in termination or disciplinary action.

Yes. Immediately report the refusal to your employer.

You may refuse unsafe work under the Nova Scotia Occupational Health and Safety Act and the Canada Labour Code. They explain the work refusal process.

Contact the Nova Scotia Occupational Health and Safety Division or Employment and Social Development Canada for more information.

Injured workers employed for 12 consecutive months may get some protection from the Nova Scotia Workers Compensation Act. The employer must offer employment to injured workers unless the employer can show that it would cause undue hardship.

For federally regulated employees, the Canada Labour Code prohibits the dismissal of an employee because of an absence due to work-related illness or injury.

Disability: The Nova Scotia Human Rights Act and the Canadian Human Rights Act also protect against disability discrimination during employment.

Find more information at:

• Nova Scotia Human Rights Commission
• Canadian Human Rights Commission.

If you are a provincially regulated employee, you cannot be dismissed for any reason contrary to the Nova Scotia Human Rights Act. This includes protected characteristics such as age, race, colour, religion, creed, ethnicity, national or aboriginal origin, sex, pregnancy, sexual orientation, physical or mental disability, family status, marital status, source of income, gender identity or expression.

Employers also have a duty to accommodate an employee’s protected characteristics up to the point of undue hardship. Sometimes, discrimination may be permitted if it is for a valid reason. Some workplace rules may be discriminatory, but also necessary to get the job done. For example, if you are visually impaired, you may not qualify as a driving instructor.

Employees in federally regulated industries have protection from the Canada Labour Code and the Canadian Human Rights Act. The law provides similar (though not identical) protection as the Nova Scotia Human Rights Act. For example, the Canadian Human Rights Act includes protection for certain criminal convictions and genetic characteristics not covered by the Nova Scotia Human Rights Act. Check the Canadian Human Rights Act for a full list of protections.

Contact either the Nova Scotia or Canadian Human Rights Commission if you have concerns.

More information: Answers to common questions about human rights at work.

The answer depends on what the employer’s suspicions are based on. You cannot prevent your employer from firing you if they suspect you of stealing and you cannot force them to do an investigation. It is up to your employer to decide how they will approach the situation.

If you have worked for less than 10 years in a provincially regulated industry and your employer cannot prove you are stealing, they may choose to terminate you without cause (without a stated reason). They will provide you with advance notice of the termination or pay instead of notice.

If your employer can prove you were stealing, they do not have to give you advance notice. They can use theft as the reason for immediate termination.

If you have worked for your employer for 10 years or more in a provincially regulated industry, they need solid evidence that you stole to use theft as just cause for termination, with or without notice.

You can complain to the Labour Standards Division if you work in a provincially regulated industry and are dismissed without notice for suspected theft. You can complain to the Labour Program of Employment and Social Development Canada if you work in a federally regulated industry for at least 12 consecutive months.

Your employer does not have to pay you during pregnancy, maternity, paternity or adoption leave unless your employment contract or the employer’s policies say you are entitled to pay while on leave.

You may request maternity, paternity, pregnancy, adoption or other forms of leave. Your employer may require you to take a leave of absence if you cannot reasonably perform duties because of pregnancy.

In provincially regulated workplaces, the Nova Scotia Labour Standards Code entitles you to 16 weeks of unpaid pregnancy leave.

Parents can also take up to 77 weeks of unpaid parental leave following childbirth or adoption. Employees who also take pregnancy leave can take a total of 77 weeks of combined pregnancy (16 weeks) and parental (61 weeks) leave.

The Canada Labour Code provides 17 weeks of unpaid maternity leave in federally regulated workplaces. It allows an additional 63 weeks of unpaid parental leave to either parent, also available for adoption. Employees can take a maximum of 78 weeks if they take both maternity and parental leave.

Employment Insurance usually sets and provides maternity and parental income benefits, based on eligibility. Employers can choose to provide additional maternity and parental leave income benefits.

You must be allowed to resume work at the end of your leave without losing seniority or benefits earned up to the leave date. If you are dismissed or prevented from returning to work because of pregnancy, you should contact the Labour Standards Division or 

You can find this information on the Nova Scotia Labour Standards Division website.

Generally, if you quit your job, you will not be entitled to notice or pay instead of notice from your employer. Instead, you may have an obligation to provide your employer with advance notice that you plan to quit.

Under the Nova Scotia Labour Standards Code, if you have worked for 3 months or more, you must give your employer advance written notice of quitting. You must give notice, 1 or 2 weeks, depending on how long you’ve worked there. Employees in some industries are exempt from having to give notice.

You can find more information on the Labour Standards Division website

If you are unsure whether the Code requires you to give notice to quit, then you can check with the Labour Standards Division. You should also check the terms of your employment contract because some specify a required notice period.

In federally regulated workplaces, the Canada Labour Code does not require an employee to give notice to quit. However, your employment contract may oblige you to provide notice, so also check your employment contract.

Constructive Dismissal: You may not have to give notice if your employer forces you to quit. Examples include a demotion, wage reduction or changes to job requirements without your consent and proper notice. In these situations, you may be justified in resigning from your job and demanding pay instead of notice. However, you should talk to a lawyer first

Other examples of constructive dismissal include:

• forced transfer
• abusive treatment
• reduced work week
• unpaid overtime
• compulsory leave of absence
• short-term layoffs that have not been agreed to.

You may not have to give notice if your employer has broken the terms and conditions of employment. However, courts have ordered some employees who quit without notice to compensate their employer, especially when the employer can show that they incurred losses as a result of the employee’s failure to provide notice. You should talk to a lawyer or a labour standards officer before quitting without notice.

Your employer must provide Service Canada with a Record of Employment (ROE) any time you experience an "interruption of earnings." Service Canada uses the ROE to determine your eligibility for Employment Insurance (EI) if you make an application. 

The employer can submit ROEs to Service Canada in paper form or electronically. The employee only receives a copy if the employer submits the ROE in paper form. 

If your employer has not provided Service Canada with an ROE or if it contains incorrect information, you need to contact your employer. If they aren't responsive, you can contact Service Canada directly. For inquiries related to ROEs, contact Service Canada at 1-800-206-7218.

Employers are not legally required to give a reference. If they do, it does not have to be good. If you get a bad reference from someone at your former workplace, you may want to ask someone else within the organization if they would be willing to act as a reference for you.

Suing your employer over a bad reference is not easy. Even if the reference contains false information that you consider to be defamatory, employers can typically rely on the defence of "qualified privilege". Suing can be a long and expensive process. You should get advice from a lawyer first.

Wrongful dismissal is when an employer dismisses an employee unlawfully. That can include situations where the employer:

• didn’t give enough notice of dismissal
• used reasons prohibited by law
• or failed to use the disciplinary procedure specified in your employment contract (if applicable). 

Remember, the employer doesn't always need to give a reason for the termination. That means in many cases assessing whether a dismissal was wrongful really just means assessing whether the employer provided proper notice.

If you are an employee with more than 10 years of service, or if the terms of your employment contract state that your employer must provide you with just cause for termination, your employer must provide you with a reason for the termination and the reason must be a good one. 

Wrongful dismissal does not include situations where the employee simply disagrees with the decision, feeling the employer made a wrong choice. Something about the dismissal has to be unlawful.

If you think you have been wrongfully dismissed, start by contacting the Labour Standards Division. If you work in a federally regulated industry, contact the Labour Program of Employment and Social Development Canada.

If you complain to the Labour Standards Division, you must make the complaint within 6 months of dismissal. Complaints about unfair dismissal under the Canada Labour Code must be made within 90 days.

The Labour Standards Division and the federal Labour Program can investigate complaints within workplaces under their jurisdiction. They can make an order for notice or pay instead of notice or dismiss the complaint if they think it is unfounded. They may hold a formal hearing before they make a decision. You can appeal if you disagree with the decision, so can your employer. An officer of the Labour Standards Division or the Labour Program of Employment and Social Development Canada of Employment and Social Development Canada will explain how you make a claim and how you appeal.

Regulators, like the Labour Standards Division or the Labour Program of Employment and Social Development Canada, assess cases more narrowly than lawyers. They can only enforce the minimum requirements under the applicable Labour Standards Code, including minimum termination notice requirements.

When a lawyer evaluates a case, they look at more than just the Labour Standards Code; they also look at the case law (past court decisions dealing with similar situations).

Assessment by a lawyer and a labour standards officer may differ because they refer to different laws.

If you believe you were dismissed because of discrimination, you can contact the Nova Scotia Human Rights Commission or the Canadian Human Rights Commission if you work in a federally regulated workplace. They have powers similar to the Labour Standards Division and the Labour Program of Employment and Social Development Canada. Their human rights officers will also advise you on how to proceed with your complaint. You must file your complaint within 12 months of the act or treatment your complaint is about.

If you complain under the Occupational Health and Safety Act, you must do so in writing within 30 days of dismissal.

If you are not satisfied with the remedies provided by the labour codes, you may want to sue your employer in court for wrongful dismissal. If you are considering suing your employer, consult a lawyer first. 

Many claims related to wrongful dismissal or constructive dismissal can be brought to Small Claims Court. You are not required to or expected to have a lawyer in Small Claims Court.

That depends on how you are making the claim.

If you go to the Labour Standards Division or the Canada Labour Program, you can ask for your pay, including vacation, for the required notice period.

You may claim reinstatement in some circumstances. 

If you go to court, under the applicable case law, you can claim for:

• what you would have received in wages and benefits during the proper notice period, which may include bonuses, overtime, travel allowances, club memberships, health and insurance plan contributions
• moving and reasonable expenses in finding another job, such as travel

Compensation for mental distress caused by the act of dismissal is sometimes awarded, although this is rare. Claims for loss of reputation, and educational or retraining costs are only accepted in exceptional circumstances. 

Employees claiming wrongful dismissal must take steps to mitigate their damages. You must look for suitable alternative employment as soon as possible and accept an appropriate job offer if you get one.

The most common answer is probably not. A contingency fee is when a lawyer doesn't get paid upfront. Instead, they get paid a percentage of whatever settlement or award comes when the case ends. Contingency fees are not standard in employment law.

If you are looking for a lawyer to help with your case or to make a claim against your employer, then expect to have to pay upfront for the lawyer's services.

Many claims related to wrongful dismissal or constructive dismissal can be brought to Small Claims Court. You are not required to or expected to have a lawyer in Small Claims Court.

Find out more here about how lawyers charge for their work, including contingency fees: www.legalinfo.org/lawyers-legal-help/lawyers-fees.

You can find more information about the Small Claims Court process on our website here: www.legalinfo.org/smallclaims

About employment rights:

• Nova Scotia Labour, Skills and Immigration: Labour Standards Division: novascotia.ca/lae/employmentrights/
• Occupational Health and Safety: novascotia.ca/lae/healthandsafety/
• Employment and Social Development Canada: labour.gc.ca 
• Employment Insurance (EI):  www.canada.ca/en/services/benefits/ei/index.htm
• Federal Wage Earners Protection Program (your employer has become bankrupt): https://www.canada.ca/en/employment-social-development/services/wage-earner-protection.html

About human rights and discrimination

• See our Human Rights page: https://www.legalinfo.org/employment-law/human-rights
• Canadian Human Rights Commission: www.chrc-ccdp.gc.ca
• Nova Scotia Human Rights Commission: humanrights.novascotia.ca/

With constructive dismissal, the employer does not dismiss the employee. Instead, they impose a major change to the employment contract. 

In other words, the employer doesn’t say, “You’re fired." However, they might say something like, “If you don’t like it, you can leave.”

The employer puts the employee in a position where they can either accept the change or quit their job. 

A claim for constructive dismissal is similar to a wrongful dismissal claim, except the employer usually doesn’t acknowledge that they have terminated the employee.

Here is more information about wrongful dismissal. 

For a claim of constructive dismissal, you would need to show:

• A major breach - The employer breached the employment contract by making significant changes. A judge would look at the breach objectively, not from the employee's viewpoint. That means it’s not enough if you feel the employer breached your contract. It’s about what a reasonable person would conclude if they were in the same situation. 
• Imposed without your consent—The employer’s action must be unilateral, which means the employer has made the changes without your consent. 
• Without proper notice - In most constructive dismissal situations, the employer doesn’t give the employee advance notice of the change to their contract (or they provide very little notice). If your employer gives you lots of notice of the change, you will probably be unable to make a successful constructive dismissal claim. Here is more information about notice periods.  
• You did not accept - You must tell your employer that you are not willing to accept the changes they made to the employment contract. You should do that in writing. If you do or say anything that shows acceptance of the change, you cannot claim constructive dismissal. 
• You have quit your job - To make a constructive dismissal claim, you must leave the job promptly. If you do not quit within a reasonable period, that can count as accepting the new conditions of employment. 
• You are trying to minimize the damage - You need to take reasonable steps to mitigate your loss by finding another job as soon as reasonably possible after quitting and getting back to work. In other words, you need to minimize the costs associated with your job loss

If you think you are in a constructive dismissal situation, consulting with an employment lawyer is a good idea. 

Constructive dismissal is a complicated area of law. It is mainly based on case law (past court decisions). It can be difficult to know if you are in a constructive dismissal situation. Only a lawyer can confirm that. 

Also, you can only make a constructive dismissal claim if you quit your job. You will not be entitled to Employment Insurance (EI) if you quit your job without good reason. Quitting your job is a significant decision, so it makes sense to consult an employment lawyer if you have the resources. 

There is no legal aid coverage for employment law issues. That means there is no way to get a free lawyer. If you want to consult with a lawyer about your case, it would have to be a lawyer in private practice (a lawyer you would pay). Employment lawyers usually don’t provide free consultations. Expect to pay the lawyer's regular hourly rate. 

It is possible to get employment insurance (EI) if you are constructively dismissed. Service Canada uses a different term for constructive dismissal situations. They refer to constructive dismissal as a type of “involuntary leaving.” 

You should apply for EI immediately, even if your employer delays filing your Record of Employment (ROE) or if you disagree with the information on it. 

On your EI application, you must state that your decision to quit was involuntary. 

Service Canada staff will follow up on your application to determine whether you qualify for EI. They have to decide whether your decision to quit was voluntary or involuntary. 

On the Government of Canada’s website you can find:

• Information about applying for EI
• General information about EI and voluntary leaving
• In-depth information about EI and voluntary leaving

To make a constructive dismissal claim, you must quit your job. That is a major decision. You can discuss your situation with Labour Standards, but they cannot advise you on what to do. Only a lawyer can do that.

If you choose to quit your job, the process for making a constructive dismissal claim is the same as for making a wrongful dismissal claim. Here is more information about that processmore information about that process. 

You can ask for the same things an employee would ask for if they were wrongfully dismissed. Here is more information about that. 

 

Labour Standards Division 

Nova Scotia Department of Labour Skills and Immigration
Halifax: (902) 424- 4311
Toll-free: 1-888-315-0110
Website: novascotia.ca/lae/employmentrights/

Labour Program (federally regulated workplaces)

Employment and Social Development Canada
Halifax 902-426-4995
Sydney 902-564-7130
Toll-free: 1-800-641-4049
Website: labour.gc.ca 

On the Government of Canada’s website you can find:

• Information about applying for EI
• General information about EI and voluntary leaving
• In-depth information about EI and voluntary leaving
• Information about constructive dismissal in federally regulated workplaces

You can also get information and advice by consulting an employment lawyer in private practice (a lawyer you would pay). Go here for information about finding a lawyer. 

 

Legal Organizations in Nova Scotia:

The African Nova Scotian Justice Institute addresses issues of systemic racism in the justice system that negatively impact African Nova Scotians while ensuring fair, legal and constitutional treatment of African Nova Scotians and all black people of African descent. 

The Confederacy of Mainland Mi'kmaq (CMM) promotes and assists Mi’kmaw communities’ initiatives toward self determination and enhancement of community.  The CMM has a number of plain language public legal education materials to help the Mi’kmaq understand their rights and responsibilities under the law. You can find these publications, and others, in the resources section of their website.

The Mi’kmaq Legal Support Network provides legal support services and victim support services to Indigenous people in Nova Scotia, particularly through the Mi'kmaw Court Worker Program and the Mi'kmaw Customary Law Program.

The Land Titles Initiative (LTI) helps residents in the communities of North Preston, East Preston, Cherry Brook/Lake Loon, Lincolnville and Sunnyville get clear title to their land at no cost. There are Community Navigators to help applicants involved in the Land Titles Initiative. Their role is to work directly with residents to help them through the land claims process. 

902 ManUp is a non-profit volunteer organization founded in 2016 in response to the increase in community violence, particularly involving black males. The organization is primarily dedicated to the advancement of all Black Communities within Nova Scotia and has a particular focus on the empowerment of young black males. However, their mandate includes all individuals or groups at risk of marginalization and social and academic exclusion.

From the Canadian Race Relations Foundation:

• Anti-Black Racism: Now is the Time to Act,
• Racism: Problems and Solutions

On Indigenous Justice:

• Truth and Reconciliation Commission of Canada: Calls to Action
• MMIWG National Inquiry Calls for Justice 
• Marshall Inquiry, Royal Commission on the Donald Marshall Jr. Prosecution, December 1989

From the Human Rights Commissions:

• Nova Scotia Human Rights Commission, Call for Action to Address Anti-Black Racism, June 2, 2020. 
• Canadian Human Rights Commission Anti-Black Racism in Canada: Time to Face the Truth, June 2, 2020. 

From the legal community in Nova Scotia:

• Nova Scotia Legal Aid, Statement on the Black Lives Matter Movement, June 4, 2020.  Go to nslegalaid.ca for information about Nova Scotia Legal Aid services
• Nova Scotia Barristers' Society, Statement Against Anti-Black Racism, June 3, 2020.  

From the Government of Canada:

• Government of Canada, Canada's Anti-Racism Strategy
• Statistics Canada, Police Personnel and expenditures in Canada, 2018
• Statistics Canada, Police Reported Hate crime in Canada, 2018

On Street Checks:

• Honourable J. Michael MacDonald, former Chief Justice of the Nova Scotia Court of Appeal, Street Checks Legal Opinion,  October 2019.
• Professor Scott Wortley, Street Checks Report, March 27, 2019

More resources:

• Royal Roads University, Anti-Racism Resources
• Canadian Women's Foundation, Resources for Ending Anti-Black Racism
• The Coast, June 4 2020, Resources to start learning about racism in Halifax and beyond
• CBC, Hear More Black Voices: Books, radio interviews, TEDx talks, and documentaries featuring Black voices
• Senator Wanda Thomas Bernard, Collective Rage Requires Collective Action, June 3 2020
• RDS vs. A Story of Race and Justice

For white people:

• Anti-racism resources for white people - a resource for white people to deepen their anti-racism work, or start engaging in anti-racism work
• How to be an Ally and 20 Anti-racism Terms you should know 

Go here for more detailed information about human rights. 

How are human rights protected in Canada?

In Canada, our human rights are protected by the common law (legal rules developed by judges in court decisions) and by a variety of statutes. This includes the Canadian Charter of Rights and Freedoms (the Charter), provincial human rights legislation, and federal human rights legislation (the Canadian Human Rights Act). There are also international laws that deal with human rights.

Human Rights Legislation

Every jurisdiction in Canada has human rights legislation - that means each province and territory, and the federal government. This legislation, often referred to as human rights codes, is anti-discrimination legislation.

There are both provincial and federal level human rights codes in Canada because of the constitutional division of powers in Canada. According to our Constitution, certain subject areas are assigned to the provincial government and others to the federal government. Most human rights complaints are covered under the various provincial codes. In Nova Scotia that is the Human Rights Act.  Only complaints by federal employees or those who work in federally regulated industries – such as transportation, communications, and banking – come under the jurisdiction of the Canadian Human Rights Act.

The various human rights codes in Canada are designed to protect equality rights. They forbid discrimination on certain listed grounds in certain areas, including:

• employment
• the provision of housing and accommodation, and
• the provision of goods and services to the public.

The grounds on which discrimination is forbidden are called “prohibited grounds”, or "protected characteristics". Protected characteristics under the Nova Scotia Human Rights Act and the Canadian Human Rights Act are linked to below.

Go to https://humanrights.novascotia.ca for information about human rights in Nova Scotia, including how to file a complaint about discrimination or harassment, and go here to see a list of protected characteristics under the Nova Scotia Human Rights Act.

Go to https://www.chrc-ccdp.gc.ca/eng for information about human rights in the context of federally regulated workplaces, or in services from a business or organization that is regulated by the federal government, including how to file a complaint about discrimination or harassment, and a list of protected characteristics under the Canadian Human Rights Act.

Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms (the Charter) is part of the Constitution, and sets out our fundamental rights and freedoms.  The Charter is the supreme law of Canada.  It applies to all government actions, and protects people in Canada from government policies and actions that may have violated a person’s fundamental rights and freedoms. When your rights are limited or infringed (violated) by the law or by a government action, it is up to government to show that those limits are justified and consistent with the values of a “free and democratic society". The Charter applies to situations where one of the parties is the government or can be characterized as a public entity (for example, the RCMP). The Charter does not apply to purely private matters. This means that it does not apply to disputes between two private individuals, or between an individual and a corporation.

Learn more about the Charter here.

International Human Rights

International human rights refers to human rights commitments made between national governments. These commitments only have the full force of law if they’re incorporated into the laws of the countries involved. Examples of important international human rights commitments include:

• International Convention on the Elimination of All Forms of Racial Discrimination
• Universal Declaration of Human Rights
• Core International Human Rights Instruments

Go here for more detailed information about human rights. 

For information about protest rights, we suggest:

• Canadian Civil Liberties Association, Protest Rights
• Pen Canada, Protest Rights

You can make a complaint with or without a lawyer.  The RCMP and municipal police forces have procedures for dealing with complaints against a police officer. They have information pamphlets on the procedures and information online. You can also get information from a lawyer.  

Complaints about municipal police officers (town police, Halifax Regional Police, etc.)

You can file a complaint with any member of the police force or with the Nova Scotia Police Complaints Commissioner's Office.

For complaints about municipal police, usually you must lay a complaint within 6 months of the incident that you are complaining about.

Nova Scotia Police Complaints Commissioner's Office
1690 Hollis Street, 3rd Floor
PO Box 1573
Halifax, NS B3J 2Y3
Phone: 902.424.3246
Web:  www.novascotia.ca/opcc/

Complaints about an RCMP officer:

The head of your local RCMP detachment, or

You can make a complaint through the Civilian Review and Complaints Commission for the RCMP on-line, by mail or fax. The Commission is an independent agency that is not part of the RCMP. For more information call toll free 1-800-665-6878, or visit their website at www.crcc-ccetp.gc.ca

For more information:

• comment déposer une plainte contre la Gendarmerie royale du Canada (GRC) (en francais)
• how to make a complaint against the RCMP (in English)

We have information about finding a lawyer in private practice (lawyer you would pay) and about free and low-cost legal help resources in Nova Scotia.

Sexual harassment is a broad term that includes physical and verbal behaviours that are sexual and degrading in nature. 

Sexual harassment can occur in many different contexts and take many forms. Some common forms of sexual harassment include street harassment (often referred to as “catcalling”), online sexual harassment (for example, over social media), and workplace sexual harassment. 

Sexual harassment may involve: 

• unwelcome comments about someone’s body or their sexuality 
• unwanted touching or sexual assault 
• sexual propositions 
• sexist jokes and language
• demanding dates or sexual favours
• the display of sexual images (such as pornography) where others can see
• demeaning and sexually explicit bragging (what is often called “locker room talk”)
• intrusive questions about someone’s gender identity or body parts
• sexually suggestive gestures or looks
• sending someone unwanted sexual images, text messages, or emails
• using sexist, transphobic, biphobic, or homophobic language, or any other behaviour that targets someone’s gender identity or sexuality 

These are only some examples of harassing behaviour. Sexual harassment can involve any behaviour that is sexual in nature, is enacted without consent, and that causes distress or offence to those who are exposed to it. 

These kinds of behaviours do not need to be targeted at a particular person to be considered sexual harassment under the law. For example, if you hear a coworker making sexist jokes or if you are exposed to sexual images on a coworker’s computer, you are within your right to raise concerns about this behaviour. You may not be the only one who is made to feel uncomfortable by this behaviour. It is reasonable to expect a workplace that feels safe and is free from sexual harassment. 

Most people who experience sexual harassment are women. Most perpetrators of sexual harassment are men. However, sexual harassment can and does impact people of all genders, including women, men, non-binary, genderqueer, and other gender diverse people. 

43% of Canadian women and 12% of Canadian men say they have experienced workplace sexual harassment. 

Statistics are not currently available that show numbers for non-binary and other gender diverse people. However, we can know from stories shared with us and from studies carried out in other regions that the percentages are likely high. Since sexual harassment is an expression of power, it is usually targeted at the people in our society who have the least power and are the most vulnerable, such as gender minorities. 

It is important to note that sexual harassment is underreported, and so in reality the statistics cited above may in fact be much higher. 

It is important to recognize that sexual harassment is an expression of power rather than desire. 

Harassers are usually people who (either subconsciously or consciously) want to exert control and dominance, and they do so by objectifying and demeaning others. 

Since sexual harassment is about power, it is often directed toward people in vulnerable positions and people who are marginalized in some way. Women (both cisgender women and trans women) and non-binary people are more likely than men to be the objects of sexual harassment. But anyone across the gender spectrum can experience sexual harassment. 

People of different genders may be impacted by sexual harassment in different ways. Research shows that cisgender women, trans, and non-binary people disproportionately experience sexual assault, sexual abuse, and sexual objectification. Many of these people have likely experienced gender-based discrimination throughout their lives. 

Since gendered violence and abuse are so common, this means that sexual harassment may bring back traumatic memories from past experiences. This may include feelings of being unsafe, feelings of shame, and feelings of powerlessness. If this is your experience, you are not alone. Your emotions are not irrational, whatever they may be. On the contrary, your emotions may be your mind and body's way of telling you that your current situation is unsafe for you and needs to change. 

You have every right to want a workplace that allows you to feel both emotionally and physically safe.

In addition to gender, other characteristics (such as race, disability, immigration status, class, gender identity, and sexual orientation) can also impact and worsen someone’s experience of sexual harassment. Remember that sexual harassment is about power, and so vulnerable, marginalized people are more likely to experience it at greater rates than people who have power and privilege.   

Here are some common reasons that sexual harassment happens:

Power– Sexual harassment is often about someone’s desire to exert control over another person. For example, sexual harassment may involve demeaning comments about someone’s body that are intended to make that person feel small or like an outsider. Gender norms often inform this desire to have power over others. For example, a male employee might feel pressured by other men in the workplace to make comments about women as if women are objects to be looked at and enjoyed rather than human beings who should be valued and respected. 

Gender norms and stereotypes – Sexual harassment sometimes comes from the desire to maintain gender norms. For example, someone who does not accept the fact that there are genders outside the traditional gender binary and might engage in behaviour which reinforces the gender binary. This means people who are out as trans or non-binary might be subjected to intrusive and uncomfortable questions about “what gender they are” or “what parts they have.” These kinds of comments are not appropriate and could be considered sexual harassment under the law. 

The idea that someone “doesn’t belong”– This can be a common feeling in some industries which are still male dominated. For example, a woman working on a construction site might be subjected to whistles and sexually suggestive comments from her male coworkers. These kinds of comments and behaviours become a way to show women that they are still seen as outsiders and that they don’t fit in with the dominant masculine culture of the workplace. 

Racist stereotypes and ideas – Sexual harassment often overlaps and is informed by other kinds of discrimination. For example, it’s common for Black and Aboriginal women who experience sexual harassment to be subjected to comments that suggest that their bodies and sexuality are somehow “exotic.” These kinds of comments draw on a problematic history of exoticizing racialized women, and they are never appropriate. 

These are only some of the common motivating factors behind sexual harassment. Harassers may be influenced by various other factors, such as urge to control, a desire to fit in with others, and a lack of understanding about what is appropriate and reasonable workplace behaviour. 

Whatever motivating factors may exist, the bottom line is that workplace sexual harassment is never okay. No one ever invites or desires sexual harassment, and no one should have to put up with behaviours that make them feel unsafe.

Sexual harassment is significantly underreported. Many people who experience workplace sexual harassment choose not to report their concerns to management, a Human Resources representative, their union, or an external agency such as a Human Rights Commission. 

There are many reasons for this underreporting. 

Some people are worried that reporting sexual harassment could affect their career, their work relationships, and how they are regarded by their coworkers. Because of traditional gender roles, women especially are conditioned not to “rock the boat” and instead to put up with troubling behaviour.  

In some industries and workplaces, people who experience sexual harassment may feel like they have no right to complain because sexual harassment is regarded as a hazard of the job. This includes environments such as bars and restaurants where wait staff are sometimes expected to put up with sexual harassment from customers. This attitude is particularly common in some workplaces in the service industry where women are expected to wear sexualized clothing such as short skirts and form-fitting uniforms. 

The truth is that sexual harassment is never acceptable in any work environment. It does not matter if you work in an environment where harassment has become normalized. It does not matter if the harassment comes from a coworker or a customer. You have a right to work in an environment where you are treated with respect. You do not have to put up with sexual comments and behaviours, and management should have a clear policy and process in place for responding to complaints of sexual harassment by staff, customers, and clients. 

There are numerous other reasons as well that people who experience or have been affected by sexual harassment choose not to report it. Some people choose not to report because they have legitimate concerns about their psychological or physical safety. For example, an individual may have to work closely with their harasser and may fear that the behaviour will worsen or escalate to violence if they come forward with their concerns. 

If you have immediate concerns about your physical safety and you do not have faith in your employer to take timely and appropriate steps to protect you from someone who could become violent, you may wish to contact the police. Your safety is always essential. 

You may have heard of the concept of “rape myths” in discussions about sexual violence. “Rape myths” are harmful and commonly held beliefs that present barriers to a person reporting sexual assault. You can learn more about rape myths and how we can challenge rape culture here: breakthesilencens.ca

As with these “rape myths,” there are also many myths about sexual harassment. As with sexual violence, many of these myths become barriers to people reporting sexual harassment. For example, if there is an attitude at work that an employee is somehow inviting harassment or “asking for it” because of the way they dress or look, then that person may not feel safe to report the harassing behaviour to management. 

Here are some common myths about sexual harassment, and reasons why these myths are not true:

The idea that jokes aren’t harassment.

What is funny to one person may be deeply upsetting to another. Just because someone laughs at a joke or seems to be “in on the joke” does not mean that this person finds it funny. In fact, someone may not be comfortable expressing that a joke makes them uncomfortable. 

It is also important to understand the gender dynamics at play in this kind of scenario. Women in particular are socialized to be pleasing and non-confrontational in their social interactions. Many women are also used to having their concerns about safety and well-being dismissed or trivialized, particularly in male-dominated spaces. These dynamics mean that many women will not feel comfortable speaking back or saying no to a sexually suggestive comment or joke. 

It is important to understand that laughing or smiling awkwardly are often knee-jerk reactions to sexual harassment. If someone doesn't express their discomfort with a sexual joke, this does NOT mean that they are okay with this behaviour. 

Don't be hard on yourself if you've laughed or smiled at a sexual comment that made you uncomfortable. Many women, trans, and non-binary people may respond in this way because they are worried about their safety, the impact on their work relationships, or their future in the organization if they protest. 

Examples of inappropriate “jokes” and behaviours include:

• Sexually suggestive photos on screensavers or calendars
• Jokes about gender, age, race, nationality, or religion
• Jokes about someone's relationship status
• Making excuses for a harasser by saying that inappropriate jokes are “just their way” or that they are “a product of their time.” We all have the capacity to understand how and why these kind of behaviours are harmful, and we all deserve better.

The idea that a person’s appearance or behaviour can be a sign that they don’t mind sexually suggestive comments.

There is a common misconception that people, and women in particular, invite comments about their appearance by dressing up or putting on makeup. These kinds of attitudes are particularly common in some industries, such as the service industry, where women are all too often subjected to unwanted sexual comments about their physical appearance by customers. 

No one is ever inviting harassment by wearing a uniform or particular clothing, smiling, or engaging in conversation. No one invites or deserves sexual harassment in any context. Everyone has a right to a workplace that is safe and free of discrimination, and this includes freedom from unwelcome sexual behaviours and inappropriate comments. 

The idea that sexual harassment only happens in certain industries or workplaces

This is not true. Sexual harassment occurs in all industries and workplaces, including offices, restaurants, construction sites, and countless others. 

Some industries and professions have been traditionally dominated by one gender, and so in these situations sexual harassment may be more common than in others. Sexual harassment and comments about gender are sometimes used to make someone feel like an outsider. For example, comments about an employee's gender may be used by others to make them feel unwelcome in a traditionally gendered industry like law enforcement or teaching. 

While sexual harassment may be more common in some kinds of workplaces, it is important to understand and appreciate that sexual harassment can and does happen in any and all workplaces. In fact, health occupations and unionized jobs have the highest reported rates of workplace harassment. At the end of the day, no matter where you work, you deserve a workplace where sexual harassment is not tolerated in any form.

The idea that addressing sexual harassment in the workplace will be too expensive or burdensome for your employer

Some people are reluctant to report their experience of sexual harassment because they fear that their complaint will be a burden or will be an expensive process for their employer. This is not true. In fact, workplaces that address sexual harassment complaints in a timely and appropriate manner become less likely to experience financial hardship and other complications. 

When employees experience harassment, workplaces face financial losses due to decreased productivity and morale, and high turnover rates. 

Your employer should take your concerns seriously if you report sexual harassment. Appropriate attention to this serious issue will mean it is much less likely that the workplace will experience any financial hardship, low employee morale, or other complications. Fostering a workplace that is safe and free from discrimination benefits everyone in that workplace, including management, employees, and any customers or clients served by the organization. 

Remember that you, and everyone around you, have a right to work in an environment that is safe, respectful, welcoming of diversity, and free from discrimination and harassment.

No. It is illegal to retaliate against someone for filing a sexual harassment complaint. This means that if you brought your concerns forward to your employer or filed a human rights complaint, your employer cannot penalize you in any way for doing so. 

Your employer is not allowed to demote you, harass you further, terminate your employment, or engage in any other kind of behaviour aimed at punishing you for complaining about sexual harassment. The same is true for any coworker who provides evidence or supports you in your sexual harassment complaint. Under the law, this person also cannot be penalized.

Your employer has an obligation to take sexual harassment complaints seriously and respond in an appropriate manner. This may include talking to you and others who have information about what has happened. It may also mean taking immediate steps such as separating you from the person allegedly harassing you while an internal investigation takes place. 

If you feel that your employer is retaliating against you for reporting sexual harassment, you may wish to contact the Human Rights Commission to discuss options for filing a complaint. 

Sexual harassment can significantly impact lives and careers. Workplace sexual harassment can make people feel unsafe, can hinder mental health, and can harm work relationships. Sexual harassment can also result in people leaving their jobs, particularly if they do not feel safe or supported after bringing their concerns to their employer’s attention. 

Following the #MeToo movement, there is an increasing global awareness that sexual harassment is a common and damaging experience for many people. During #MeToo many people, particularly women, came forward and shared their stories of workplace sexual harassment and violence. Many women shared stories of pain, humiliation, and degradation. 

Some women shared that they left promising careers because their experience of workplace sexual harassment destroyed their trust and sense of security. Others shared stories about not being believed or taken seriously. Some shared stories about harassment that escalated to violence.

These stories (as well as numerous other stories, research, and academic studies) confirm that sexual harassment has the potential to have serious and long-lasting impacts on peoples lives and their sense of well being.

Harm to Mental and Physical Health 

Sexual harassment can result in depression, anxiety, and other harms to mental health. The stresses caused by sexual harassment can also result in deteriorated physical health, decreased productivity, and poor workplace morale.   

Negative Impact on Career

Sexual harassment can result in a person becoming disengaged and unhappy in their job. A person who is normally outgoing and social in the workplace may become detached and disinterested, which may have an impact on how they interact with others. 

Studies have shown that sexual harassment can result in career setbacks – for example, having to take prolonged time off work or leave a job entirely, or being perceived as “rocking the boat” or “causing trouble” at work and so not given fair opportunities for advancement.

Financial Hardship

Sexual harassment may also result in financial hardship for people who have experienced or been affected by it. Some people leave jobs or cut back their hours to avoid being in an environment with their harasser. 

It is important to bear in mind that many people who have experienced or been affected by sexual harassment are people who are already vulnerable in some way. This means that financial hardship and other consequences may have a more serious impact than it has on others who are in more of a position of privilege. 

For example, some groups who are more susceptible to workplace sexual harassment include single mothers, women in precarious employment situations (such as Temporary Foreign Workers), trans and non-binary people, and people who rely on multiple part time jobs to get by. 

These individuals may be more hesitant to stand up to sexual harassment, because they rely on their jobs for immigration purposes, to support their family, for day-to-day living expenses, and for many other reasons. Many people feel hesitant to report harassment for fear that it will jeopardize their ability to have access to the basics in life. No one should ever have to feel this way. Under the law, your employer has an obligation to take sexual harassment seriously and take steps to provide a safe environment for all of its workers.   

Negative Impact on Family, Friends, and Community

Sometimes people who have experienced or been affected by workplace sexual harassment feel like they need to put up with the harassment in order to keep a job that helps them support their children and family. 

In cases such as this (and indeed, likely in many instances of sexual harassment), the harassment can have much further reaching consequences than just the individual. An individuals family, friends, and community will likely feel the impact of the emotional weight and stress that their loved one is carrying due to the harassment that is happening at work.  

Poisoned Work Environment

In some instances, sexual harassment contributes to a toxic work environment and to the breakdown of relationships between coworkers.

People who experience workplace sexual harassment may lose trust in management for failing to respond to the sexual harassment in a meaningful way, or failing to respond at all. The same may be true of coworkers who are aware of the sexual harassment and are also disappointed by the failure of management to address the issue. 

Workplace sexual harassment may result in poor attendance, decreased morale in the workplace, and high staff turnover. If management allows sexual harassment to continue in the workplace, staff may feel like the employer does not respect them and so may seek employment elsewhere. 

A Reminder:

A workplace that is free from sexual harassment is a workplace that benefits everyone. We all deserve a work environment where we can thrive and be our best selves. 

Sexual violence is a broad term that includes unwanted sexual behaviours that are physically aggressive, coercive, and committed without consent. Sexual violence is also known by terms such as rape, sexual assault, and sexual abuse. 

Sexual harassment may involve some component of sexual violence, such as unwanted touching. If this happens to you in the workplace, your employer should respond promptly and proactively, because it is a matter of your physical safety and potentially the safety of others around you. 

For a better understanding of sexual violence, and for resources available to survivors of sexual violence, please visit breakthesilencens.ca/

Sexual harassment is often regarded as a less serious issue than sexual violence, but sexual harassment can have as serious an impact as sexual violence. 

Both sexual harassment and sexual violence are about exerting power over another person, and both are against the law. When people think of these two concepts as different this may be in part because sexual harassment, while against the law, is not a criminal offence in Canada, whereas sexual violence may result in criminal charges. 

Many instances of sexual harassment solely involve verbal rather than physical behaviours, and so for this reason is commonly seen as less harmful than sexual violence. This is a common belief that we have all been taught that “sticks and stones will break my bones but words will never hurt me.” However, studies have shown that verbal sexual harassment often escalates into other forms of sexual violence, such as sexual assault.

It is important to acknowledge that the harm caused by sexual harassment is as worthy of attention as the harm caused by physical assault or aggression. Sexual harassment can have a serious, long-lasting impact on a person’s life. Workplace sexual harassment can poison an environment and harm relationships with coworkers, clients, and others. 

Studies have shown that those who experience sexual harassment in the workplace can have a similar range of symptoms as those that result from sexual violence, including: 

• depression and anxiety 
• feelings of vulnerability 
• hypervigilance (a constant fear of being unsafe)
• tension held in the body
• deteriorated physical health
• trouble sleeping and constant worry
• difficulty trusting others
• and many other symptoms and experiences that are unique to the person.

Sexual harassment may also bring up past trauma. Given the high rates of sexual violence in Canada, workplace sexual harassment may trigger traumatic memories and feelings. For example, in Canada, statistics tell us that 1 in 3 women will experience sexual violence in her lifetime. 

It is important to bear this point in mind in order to thoroughly understand how and why workplace sexual harassment impacts people in different ways. Those who have already survived some kind of sexual trauma may be more strongly impacted by the experience of workplace sexual harassment. 

Remember that no matter what your past experiences have been, you deserve to have a workplace that feels safe and free from discrimination. 

Workplace sexual harassment is against the law in Canada and is considered a form of discrimination. 

Your employer has a legal obligation to provide a workplace environment that is free of sexual harassment. This means that it is your employer’s responsibility to take meaningful steps to address sexual harassment when they become aware of it. 

Both the Nova Scotia Human Rights Act and the Canadian Human Rights Act forbid workplace sexual harassment. This means that no matter what kind of organization you work in Nova Scotia, you have a right to a workplace that is free of sexual harassment. 

The Nova Scotia Human Rights Act applies to provincially regulated workplaces (such as shops and services, most office jobs, restaurants, and many others), and the Canadian Human Rights Act applies to federally regulated workplaces (such as banks, telecommunication agencies, most airport businesses, among others). 

If you are not certain if your workplace falls under the federal or provincial jurisdiction, you can contact either the Nova Scotia Human Rights Commission or the federal Human Rights Commission, and they can direct you to the correct agency. 

Sexual harassment and the Charter of Rights and Freedoms

The Charter of Rights and Freedoms guarantees the right of everyone in Canada to be treated equally, without discrimination based on protected characteristics. These characteristics are:

• race
• national or ethnic origin
• colour
• religion
• sex
• age
• mental or physical disability. 

This means that all government services and policies must treat people equally. If a worker is employed by the government, the Charter also protects that worker from discrimination. This includes health care workers, public school teachers, military personnel, and private companies acting on behalf of the government.

The Supreme Court of Canada has also recognized that sexual assault and sexual harassment are forms of discrimination based on sex and gender. 

What do Canadian courts say about workplace sexual harassment?

Canadian courts have clearly said that sexual harassment is illegal even if a harasser did not mean to harm anyone. Discrimination is about the impact on the person who is harassed, not the intention of the harasser or the employer. Here are some examples of important court decisions on these issues:

• O’Malley v. Simpsons-Sears Ltd.

Theresa O’Malley was an employee of Simpson-Sears Ltd. She was required to work on days that conflicted with her religion’s observance of the Sabbath. When she refused, she was fired. The Supreme Court of Canada decided that Simpson-Sears Ltd. did not intend to discriminate against Ms. O’Malley, but that its intention did not matter. Simpson-Sears Ltd. could have scheduled Ms. O’Malley for other workdays without major time or expense. Although this case is about religious discrimination, it applies to all forms of discrimination in a workplace. It is the effect of an action that determines whether discrimination has occurred.

• Janzen v. Platy Enterprises Ltd.

Diana Janzen was a waitress at a restaurant owned by Platy Enterprises Ltd. While at work, another employee touched her without her consent and made sexual comments. Ms. Janzen’s manager did nothing to help her, and Ms. Janzen quit her job. Another female waitress complained about similar treatment and was fired. The restaurant owner argued that Ms. Janzen was not harassed because not all women in the workplace were targeted. The Supreme Court of Canada rejected this argument. Any behaviour or attitude that limits a person’s employment opportunities because of their gender is harassment.

• North Vancouver School Dist. No. 44 v. Jubran

While attending a public high school, Azmi Jubran was bullied by other students, who used homophobic slurs. Mr. Jubran filed a human rights complaint against the school district because teachers and staff failed to protect him. The school district argued that Mr. Jubran was not harassed because of his sexual orientation, since he did not identify as gay and the other students did not necessarily believe he was gay. The British Columbia Court of Appeal did not agree. The effect of the harassment was that Mr. Jubran’s ability to pursue his education was affected.  Harassment on the basis of a protected characteristic is discrimination, regardless of how the victim identifies.

Everyone has the right to a workplace that feels safe and is free of sexual comments and behaviours. It is the employer’s responsibility to provide this safe environment as much as it is reasonably possible. However, in order to do so, your employer must first know about the harassment. 

Here are some steps you can take if you’ve experienced sexual harassment in the workplace:

• Speak to management about the issue.

Throughout these questions and answers, we have stressed the importance of letting a manager, supervisor, or Human Resources representative know if you are experiencing workplace sexual harassment. This may seem obvious, but it is an important first step. Your employer cannot take action to protect you unless they know what is happening. 

Speak to a Human Resources person (if your workplace has one) or your direct supervisor or manager. If this feels intimidating, you might try first speaking to a trusted coworker. You could also ask this coworker to be with you as a support person when you bring your concerns to management.

• Speak to your union representative (if applicable)

If you work in a unionized environment, you should contact your union representative. Your Collective Agreement likely includes provisions about workplace harassment and discrimination. 

Your union representative can give you guidance on what to do next. An informal resolution may be possible through a conversation between you, your employer, and your union representative. If not, your representative can guide you through the grievance process. 

There is no one-size-fits all process for how a union will respond to complaints of this nature, so be sure to ask your union representative lots of questions so that you can fully understand what happens next. You may wish to ask about the timeline (i.e. how long it might take to investigate and resolve your complaint). You may also wish to discuss expectations about privacy (i.e. best practices to ensure that your complaint is handled with discretion, so that not everyone in the workplace hears about what has occurred).

• Find out if your employer has a current anti-harassment policy in place.

Ask to see your employer’s policy on workplace sexual harassment. Many employers have a written policy regarding sexual harassment and other forms of discrimination. This policy will give you an idea of how your employer handles sexual harassment complaints and what the next steps will be in addressing the issue.

If your employer does not have a sexual harassment policy, you can direct them to the free online training on sexual harassment for employers developed by the Nova Scotia Human Rights Commission, if you feel comfortable doing so. This training includes a downloadable sexual harassment policy template that employers can tailor to their own workplace. 

It is important for all workplaces to have a sexual harassment policy so that issues and complaints of this nature can be dealt with in a fair, consistent, and timely manner when they arise. 

• Document your experience.

If you have experienced sexual harassment in the workplace, you should create a paper trail. For example, if you have received sexual messages or images from a coworker, save these and put them somewhere for safekeeping. You can also make a note of the date of the harassment and other details such as who was present and where the harassment occurred.

It may seem counterintuitive to think about keeping documentation or images that are potentially upsetting and triggering. You may be inclined to delete a message or image of this nature, and it is understandable that you would feel this way. But it is important to hold onto this information. You may need to rely on it at a later date if there is an internal investigation or if you file a complaint with an external agency (such as a human rights complaint).  

If you request a meeting with a manager to address your concerns, you may wish to do so in writing. It is also useful to send a follow-up email after meeting with a superior in order to make a note of what you’ve discussed. This creates helpful documentation of the fact that you have taken steps to address the problem with management. This documentation may come in handy if your employer does not then take appropriate steps to stop the sexual harassment. 

A person who experiences sexual harassment at work can file a complaint with the Nova Scotia Human Rights Commission. This must be done within one year of the incident related to the complaint (or the most recent incident if there are more than one). If more than a year has passed, workers have two years from the time of the incident(s) to file a lawsuit in the Supreme Court of Nova Scotia.

If a coworker experiences sexual harassment, you can support them in either of these legal processes by directing them to information about their rights.

All employers are legally required to provide a safe and respectful work environment. 

Employers may be held responsible for any harm caused by their workers, whether the person who experienced that harm is a fellow worker, customer, or member of the public. An employer does not have to approve of a worker’s behaviour, or even be aware of it, to be legally responsible. This is because the law says that an employer should take all reasonable steps to know what its workers are doing and to prevent any harm that might be likely to happen as a result.

Employers are responsible for any harm caused by their policies and procedures, but they can also be responsible for any harm caused by failing to act. For example, not having any policies in place about harassment in the workplace may contribute to an environment where workers are likely to be harassed. Another common example is an employer’s failure to prevent harassment once a worker reports it to a direct supervisor or manager. Once someone in a position of authority is aware of the harassment, the employer must take steps to address it.

If you have experienced sexual harassment from a coworker, customer, or client, you should let your superior know as soon as possible so that steps can be taken to address the problematic behaviour. This includes behaviour of people who come to your business but don’t work there, such as customers at a bar, clients at a law firm, or people having a meal at a restaurant. 

Your direct superior may not be able to directly control or stop the behaviour of customers or clients. However, they can and should make it clear that sexual comments and behaviours toward staff will not be tolerated. For example, your employer can make it clear that the harasser must leave if the behaviour is severe in nature or if it continues after a first warning. 

If your employer does not take steps to protect you from harassment, it may be legally responsible for failing to protect you.

Human rights law in Canada is clear that a person in a position of power (such as a manager or supervisor) cannot use their power to demand or expect sexual favours from employees or engage in any kind of unwanted sexual behaviour toward staff. 

If your direct supervisor is the person harassing you, you have the option of speaking to the person above them, if there is such as person in your workplace (such as a General Manager, Human Resource Director, or business owner). 

You may also contact the Human Rights Commission for guidance and options for what to do next. 

If your boss, manager, or supervisor is sexually harassing you, you might feel like you need to put up with the behaviour, especially if this person is in a position to provide you with career incentives like a promotion or raise. 

This is not true. No one should have to put up with sexual harassment in the workplace, and it is never appropriate for a superior to use their power in this manner. 

Harassment occurs when someone in a position of power uses that power to harm someone in a weaker position. The power may be formal (like a manager’s authority over other workers) or informal (like peer pressure). 

Many workplaces already have policies and procedures in place to ensure physical safety and prevent accidents. It can be helpful to think about preventing harassment in the same way, by identifying potential issues and then addressing them through education and creating/enforcing policies and procedures.

We all know that if we see exposed wiring in the workplace, there is a risk of electrical shock. But when safety concerns are less obvious, they may be overlooked. Examples of safety issues that may lead to harassment in the workplace are:

• Biases – A bias is a strong preference or idea that is not based in actual fact or experience. An example of this is the idea that “men aren’t caring enough for nursing” or “millennials are all lazy” or “if a woman is dressed up, she must be looking for attention.”

• Harmful workplace culture – Workplace culture is the shared beliefs and attitudes of workers in a workplace. Warning signs of a workplace culture that may lead to harassment in the workplace include gossip or bullying and a lack of trust in management. A healthy workplace culture is one in which everyone feels respected and included. For example, does everyone in your workplace feel welcome in the lunch room? Do work events include people of all genders?  Are managers open to hearing about issues in the workplace? Do work events include alcohol? (If so, your employer may wish to consider alcohol-free events for harm reduction purposes, and out of respect for some people's religious and cultural practices and beliefs.)

• Insufficient privacy/personal space – The amount of personal space that a person is comfortable with varies from person to person. There are also different cultural standards about personal space within Canada and around the world. It is impossible to know someone’s comfort level without asking them. This means that it is important to let someone know if your work requires that you stand/sit very close to them or touch them, and that you should always ask permission if at all possible.

Workplaces should also provide a space for workers who need privacy from time to time. This space might be used for making a personal phone call at break time or for breastfeeding workers who need to pump breast milk.

Yes. We collect only the information we need to set up a meeting with a navigator or lawyer. We may ask you for an email address so we can send you a survey that will help us understand how to improve our program. The survey is optional and completely anonymous.

The Legal Information Society of Nova Scotia will share some statistics with our funder, the federal Department of Justice. They will want to know how often Nova Scotians use the program and what part of the province they live in. The information we share will not identify anyone using the program.

When you reach out to us, we will ask for some information: Email, phone number, employer, location, and a brief summary of your story. Once we receive this information we will connect you with one of our legally-trained navigators. Our navigators are trained to help you take the right action to deal with what has happened at your workplace. They are also trained to work with clients who may feel traumatized.

In your conversation, the Navigators will tell you about your rights and ways you can deal with what is happening at work. Everyone’s situation is different, and the Navigator will answer questions and provide guidance about your work situation and experience.

If the situation required additional supports, we may reach out to a volunteer Lawyer on our roster for additional supports and assistance.

You and the Navigator may use your four hours in the way that works best for you. For example, your first meeting might be two hours, and you might have another appointment later on.

You might not need four hours of legal support. If your issue is complex, you might feel that you need more than four hours. If you need more time, phone or email us and we will do our best to help.

No. Your can get up to for hours of free legal support. You might not need four hours of legal support. If your issue is complex, you might feel that you need more than four hours. If you need more time, phone or email us and we will do our best to help.

You are in control, and what you do next is entirely up to you. 

For some people, taking legal action to deal with a sensitive matter can be overwhelming. You may take any of the steps or options that the lawyer tells you about, or you may do nothing. Our program aims to help you better understand your options so that you can make the choices and take the actions that are best for you.

If you have experienced workplace sexual harassment and need support, please either use the phone number or email address above, or fill out the form with your name, email, phone number, employer and where you are in Nova Scotia, and send to us. When you submit your information it will be sent to our Program Coordinator, who will be in touch to arrange a referral for you. We do our best to follow up within 48 hours.

When we respond, we will request that you provide us with a brief summary. This is to ensure that we match you with the most appropriate person to provide you the support you need. Please note: a brief summary is required to be matched.

We do need either a phone number or an email address to arrange a referral for you. You can give us either, or both. If you are comfortable providing an email address, we would be grateful so that in addition to arranging a referral we can also send you a feedback survey to help us improve our program.

We ask for your location so, if we need to connect you with a lawyer for further legal support, we can refer you to a lawyer in your community whenever possible and they can perform an accurate conflict of interest check.

When you disclose this information to us, it will be used solely by the LISNS Workplace Sexual Harassment Project team to help us match you with the appropriate supports, and understand how and where workplace sexual harassment is affecting Nova Scotians.

Conflict Check: Please note that if you see a lawyer through our referral program, the lawyer or administrative staff at the law firm will complete a conflict check. Don't worry: this is a standard practice at law firms. A lawyer can't give you advice if someone at their firm is already representing the other side on any kind of legal issue. If a law firm has a conflict, our Program Coordinator will work to find an alternative solution, such as different lawyer.

Go here for the Nova Scotia Human Rights Commission's free online course called "Safe Spaces Make Great Workplaces", designed to help employers prevent and address sexual harassment in the workplace.

Employers and other responsible parties can prevent many cases of sexual harassment by having a clear sexual harassment policy in place. In cases of alleged sexual harassment, the policy should outline the rights, roles and responsibilities for the parties. Policies must clearly set out how the sexual harassment will be dealt with promptly and efficient. Everyone in your organization should receive training, know about the sexual harassment policy, and the steps in place for resolving complaints.

The Nova Scotia Human Rights Commission has a sample sexual harassment policy on the Commission's website that can be downloaded for free and adapted to best suit the needs of your organization.  The Legal Information Society also has an Employer Best Practices Toolkit here.

Moving Beyond the Binary: a Guide on How to Make Your Organization Meaningfully Inclusive of Two-Spirit, Trans, Non-Binary, and Gender Diverse People.
This guide from the Legal Information Society of Nova Scotia is intended for any employer, service provider, business, or other organization in Nova Scotia. The purpose of the guide is to help you understand the needs and experiences of gender-diverse populations, what the law says about gender identity and expression, and the importance and value of fostering meaningful and authentic inclusion of two-spirit, trans, non-binary, and gender-diverse people across our province.

Our communities, our institutions, and our lives are all made better when everyone can feel safe, respected, and included in the spaces we share. This includes spaces such as our workplaces, schools, businesses, coffee shops, restaurants, shopping centres, government agencies, and many other organizations that are essential parts of life in Nova Scotia.

Help keep public spaces safe from sexual harassment by being a helpful bystander.