Duty to Cooperate legislation focuses on recovery, communication, and shared responsibility in the workplace
Nova Scotia is ushering in a new era of collaboration and accountability in workplace injury recovery. On July 15, 2025, Duty to Cooperate legislation will come into effect, marking a pivotal step forward in the province’s commitment to strengthening the return-to-work system for injured workers.
Duty to Cooperate was introduced as part of the Stronger Workplaces for Nova Scotia Act, passed in September 2024. As Scott Nauss, Senior Executive Director, Safety Branch, Department of Labour, Skills and Immigration, explains, “Part of that legislation requires workplace parties—both the employer and the injured worker—to collaborate and communicate with the WCB to support a timely and safe return to work.”
This represents a cultural shift in Nova Scotia’s return-to-work philosophy. Historically, the prevailing mindset was to allow injured workers to fully heal before they begin discussions about returning to their original or modified roles. But this model, says Nauss, is no longer considered best practice. “The hope is that these conversations will now take place much sooner—ideally immediately—once a worker is injured,” he says. “We want to assess what the worker is capable of post-injury and put a recovery plan in place so they can stay engaged with the workplace.”
That connection—to team, tasks, and routine—is essential to recovery. “If a worker is off for a long time and becomes disconnected from the workplace, it’s much harder for them to come back,” says Nauss. “It’s about staying connected to the team, keeping the habit of going to work, and retaining that ‘muscle memory’ tied to workplace tasks.”
Karen Adams, CEO of WCB Nova Scotia, reinforces this practical understanding of the Duty to Cooperate legislation. “When a worker gets hurt, they can usually keep working in some capacity,” she says. “But when that’s not possible, it takes all of us—the worker, the employer, WCB, safety associations, healthcare providers—working together to get them back to work safely and as quickly as possible.”
To support this shift, WCB Nova Scotia has conducted extensive outreach efforts. “They’ve hosted several webinars—reaching over 2,500 participants—where they’ve shared best practices and strategies to help workplace parties prepare,” says Nauss. “They’ve also sent out monthly email communications to a broad stakeholder list and developed a suite of tools available on their website.”
The goal is to provide clear, accessible support, particularly for small and medium-sized businesses. WCB’s new policy, developed with input from across the province and informed by practices in other jurisdictions, offers concrete guidance on expectations, communications, and transitional duties.
Adams offers real-world examples of how this looks in practice, emphasizing that transitional duties are temporary while the worker recovers. “Say you’re a worker in manufacturing and recovering from a back strain. Your recovery continues with purpose through transitional duties—maybe not your regular job, but something that keeps you connected to work until you’re fully recovered.”
She adds that employers are embracing creative solutions, noting that in one recent case, a driver unable to operate on public roads was reassigned to a quarry truck. “The employer didn’t have to create a new position—they just shifted things around.”
The legislation comes with clear responsibilities for both employers and workers. When those responsibilities aren’t met, there can be financial consequences when required. Employers may be fined, and workers’ benefits may be impacted. These enforcement measures will help to ensure accountability and reinforce the importance of a shared commitment to recovery and workplace connection.
These measures aim to address a long-standing issue: the length of time Nova Scotia workers remain off the job after an injury. “When it comes to claims duration, we’re last in the country,” Nauss says. “Other jurisdictions are doing a better job of keeping workers connected to the workplace.”
Adams has made it a personal mission to change that. “First of all, we’ve been the problem,” she admits. “WCB was over-bureaucratizing and over-medicalizing many injuries. Now we’re holding ourselves accountable to be quicker, less bureaucratic, and provide better service.” That includes streamlining internal processes, enforcing service-level agreements with healthcare providers, and building a culture of cooperation and trust.
And it’s working. “We’re seeing injury rates come down across the province,” says Adams. “We are seeing durations shrink. We are seeing the expenses that we’re paying for healthcare costs come down.”
This July, the legislation becomes law.
As Adams puts it: “People knew there was lots of good talk—now we’re seeing the walk.”
Learn more about Duty to Cooperate at:
