Getting ready for 'Duty to Cooperate' law in Nova Scotia

'We encourage you to get creative about accommodation right now,' says WCB vice president

Getting ready for 'Duty to Cooperate' law in Nova Scotia

Nova Scotia's Workers' Compensation Board (WCB) is ramping up its efforts to prepare employers for sweeping new legislation set to take effect July 15. The law introduces a legal “duty to cooperate,” holding both employers and injured workers accountable for actively supporting timely and safe returns to work.

“We all want Nova Scotians working,” says Tracey Newman, WCB’s vice president of prevention and employer engagement, during a recent webinar attended by over 250 employers.

“Too many employers and workers still do not see the value in recovering at work. When people are injured, they're going on for too long, and too many move on to long-term benefits.”

The legislation reintroduces a formal obligation for both parties—employers and workers—to participate in planning for suitable, available work following a workplace injury. WCB says it will start enforcing the legislation on active claims starting this summer.

Early action encouraged

While enforcement begins in July, “you don't need to wait,” says Newman. “We encourage you to get creative about accommodation right now." She notes employers already supporting return-to-work practices may not notice much change but warns others could find themselves out of compliance.

The legislation aligns with broader WCB efforts to shift the culture around workplace injuries in Nova Scotia—moving toward early intervention, meaningful work, and long-term recovery support.

Accommodation: A call for creativity

Brandon Gallant, a return-to-work specialist with the WCB, tells employers the legislation is “a big call to action” and an opportunity to be more flexible and innovative.

“We don’t want to overcomplicate this,” Gallant says. “Communication is key. When conversations stop, that’s when things stop working and people stop working.”

Gallant outlines a hierarchy of accommodation strategies, encouraging employers to first consider modifications to existing roles. If that isn’t possible, he advises looking for alternative duties that are productive and supportive of recovery.

“This isn’t about counting paper clips unless your workplace actually needs paper clips counted,” he says, underlining the importance of meaningful work.

He also encourages staying connected with injured workers during recovery: “Work keeps us in routine. Work helps us socialize and have connections. When that is not in the picture, life becomes quite a bit harder.”

Training and accountability for WCB staff

Employers aren’t the only ones adapting. WCB is also training its case managers to better support return-to-work planning and engage more meaningfully with both employers and healthcare providers.

“We're grounding everybody in a new practice model based on best practices and literature from across Canada,” says Newman. “We want to ensure case managers have the competencies to support early and safe return to work.”

Employers seek clarity, WCB promises support

Employers attending the session raised concerns about receiving limited information from case managers and difficulties accommodating workers when no suitable duties are available.

Gallant acknowledges the complexity but reiterates “there is a bar in which it’s not reasonable to request accommodation—but that bar is quite high.” He encourages employers to start by deeply analyzing the tasks and physical demands of each role to uncover opportunities for modification.

Newman assures attendees the feedback gathered will inform future webinars. “We’re hearing the desire to lean into this topic more.”

More webinars are scheduled for May 29 and June 26 where the conversation is expected to continue with more practical examples.