LAWS & ANNOUNCEMENTS

Minimum Wage

Oct 1: For the second time in 2026, Nova Scotia instituted a 25 cent-increase to its general minimum wage, which now stands at $17.00 per hour. The province has separate minimum wages for employees in construction and property maintenance and logging and forest operations.

Action Point: Find out how to avoid common payroll errors when adjusting to minimum wage increases.

Overtime

Sep 8: The Nova Scotia Assembly tabled and will likely pass Bill 256 amending the Labour Standards Code (LSC) by reducing the overtime threshold from 48 to 44 hours per week. The Bill also expands overtime pay eligibility to include extra hours that are voluntary and permitted, not just overtime hours required by employers. Effective date: April 1, 2027.

Action Point: Find out about the 10 most common overtime mistakes Canadian companies make and what you must do to avoid them.

Payroll

Sep 8: Newly tabled Bill 256 provides new protections for workers earning tips, including clearer definitions of what constitutes a “tip or gratuity” and clarification that a tip or gratuity is the employee’s property. The Bill also makes current LSC pay frequency and form for pay applicable to tips and gratuities while establishing new rules for tip pooling and redistribution and the employers, directors, and shareholders that may participate in such arrangements. Effective date: April 1, 2027.

Action Point: Find out when tips and gratuities are subject to EI and CPP deductions.

New Laws

Sep 4: Nova Scotia extended the Capital Investment Tax Credit for another five years. Companies now have until December 31, 2035, to apply for the 25% credit for buildings, equipment, and other capital projects of over $15 million. The maximum credit is $100 million, which would require a company to make a $400 million capital investment.

New Laws

Sep 2: The Atlantic Canada Opportunities Agency (ACOA) announced federal investments of more than $14.1 million to support Nova Scotia businesses that have been affected by U.S. tariffs. Among the 26 recipients is Dartmouth company Ace Machining Ltd., which will get +$400,000 to purchase and install an automated CNC milling station.

New Laws

Sep 1: From now through October 31, emergency responders in Nova Scotia can apply for Emergency Services Provider Fund support for shared projects led by a volunteer first responder organization, municipality, or group of municipalities. The Fund covers up to 90% of project costs, to a maximum of $200,000. Eligible projects include shared equipment and vehicles, training facilities and exercises, emergency planning, public education, and FireSmart improvements.

Privacy

Sep 11: Bill 269, which is through Second Reading, expands the legal remedies available to victims whose intimate images are published online without their consent, including via artificial intelligence (AI)-generated image alteration or fabrication. The Public Safety Act also includes new protections for livestreamed content.

Action Point: Find out how to implement a Compliance Game Plan to prevent AI privacy, discrimination, and other liability risks.

Workers’ Compensation

Sep 1: For the first time in decades, the Nova Scotia WCB is cutting premiums—and not by just a little bit. In 2027, the average rate will decrease 40 cents to $2.25 per $100 of assessable payroll. That’s still among the highest rates in Canada.

Action Point: Find out how to create a vibrant workplace health and safety culture to prevent injuries and workers’ compensation claims at your company.

CASES

Retaliation: Just Because Employee Felt Threatened Didn’t Mean He Was Threatened

An employee who filed a grievance against his employer signs a settlement resolving the issues and requiring both parties to keep the terms confidential. He later complains to an OHS officer about being threatened with reprisals during the grievance process. So, the employer’s lawyer sends the employee an email accusing him of violating the confidentiality clause of the settlement agreement. In response, the employee submits an OHS reprisals complaint. The OHS investigator dismisses the complaint. The Nova Scotia Labour Board rejects the employee’s appeal. While he might “have felt threatened or intimidated” by them, reasoning that the lawyer’s emails “were solely for legitimate business reasons” and didn’t constitute an illegal threat of reprisal [Jamieson v Halifax Regional Centre for Education, 2026 NSLB 131 (CanLII), September 15, 2026].

Action Point: The moral of Jamieson is that reprisal is based on an objective rather than subjective standard. In other words, acts and deeds don’t constitute threats or intimidation if a reasonable person wouldn’t perceive them as such, even if that’s how the particular worker experiences. The overriding objective is to keep the lines clear. Find out how to avoid inadvertent reprisals or retaliation.