BILL NO. 144
(as introduced)
1st Session, 65th General Assembly
Nova Scotia
4 Charles III, 2025
Government Bill
Workers' Compensation Act
(amended)
The Honourable Nolan Young
Minister of Labour, Skills and Immigration
First Reading: September 25, 2025
Second Reading:
Third Reading:
Explanatory Notes
(a) adds a definition of "common-law partner";
(b) amends the definition of "employer" to allow the Provincial government to choose to exclude itself from the operation of the workers' compensation system or a part thereof;
(c) amends the definition of "medical aid" to include transportation costs; and
(d) updates the definition of "spouse" to remove gender-specific language.
Clause 2 removes the definition of "chronic pain".
Clauses 3 and 4 allow the deadlines for certain matters to be prescribed by the regulations.
Clause 5 allows the Workers' Compensation Board to collect an administrative fee when litigating or settling subrogated claims.
Clause 6 allows the formulae for determining permanent-impairment benefits.
Clauses 7 and 8 extend presumptive cancer coverage to employees of the Department of Natural Resources and the Office of the Fire Marshall and includes fire investigation duties as an applicable area of employment.
Clause 9 allows the amount of earnings-replacement benefits to be prescribed by the regulations.
Clause 10 clarifies that only periodic disability benefits received from the Canada Pension Plan or Quebec Pension Plan are deducted from the calculation of loss of earnings and not other periodic benefits received through those plans.
Clauses 11 and 12 allow the formulae for certain calculations to be prescribed by the regulations.
(a) allows the Board to determine the method of payment of annuities above a threshold prescribed by the regulations; and
(b) removes the authority of the Board to determine the term of an annuity.
Clauses 14 to 16 establish a hierarchy for the payment of annuity survivor benefits.
Clause 17 allows the formula for the amount of a survivor pension to be prescribed by the regulations.
(a) establishes a hierarchy for the payment of death benefits, which previously were only payable to the worker's spouse;
(b) amends provisions respecting survivor benefits to be compatible with regulations that would allow concurrent payments; and
(c) allows the formulae for the calculation of survivor benefit amounts to be prescribed by the regulations.
Clause 19 allows the amount reserved by the Board to provide for an annuity for a surviving spouse when paying a survivor pension to be prescribed by the regulations.
Clause 20 changes the annual indexing of benefits by changing it from one half of the change in the Consumer Price Index per year to the full amount of the change in the Consumer Price Index to the maximum of 3% or another prescribed percentage.
(a) allow the Board to review an extended earnings-replacement benefit at any time instead of only at fixed intervals; and
(b) allow for the amount of variation needed to permit a variance in the amount of compensation payable on an extended earnings-replacement benefit and the maximum percentage of earnings loss payable to be prescribed by the regulations.
Clause 23 allows certain deadlines respecting notice of accident or injury to be prescribed by the regulations.
Clause 24 requires employers to notify the Board of an accident that might result in compensation within two days instead of five.
Clause 25 allows the Board to disclose necessary medical information related to a worker to the worker's employee for the purpose of facilitating a return to work.
Clauses 26 to 30 allow for certain time periods to be prescribed by the regulations.
Clause 31 repeals a provision requiring an employer to furnish transportation costs as that cost is now paid from the fund as medical aid.
Clause 32 removes a requirement for hospitals to report the death of a worker to the Board.
Clause 33 allows for the time within which the Board must make a quarterly report to the Minister of Labour, Skills and Immigration to be prescribed by the regulations.
Clause 34 allows the Board to fund research and organizations related to occupational health and safety instead of specific programs.
Clause 35 allows for a memorandum of understanding between the Minister of Labour, Skills and Immigration and the Board and allows the Minister to direct the terms of the memorandum of understanding.
Clause 36 allows for the time period to serve a notice of a court proceeding involving the Workers' Compensation Plan to be prescribed by the regulations.
(a) changes the period for filing an appeal to a hearing officer from thirty days to ninety days or such other period as may be prescribed by the regulations; and
(b) allow the deadline for a hearing officer to render a decision on an appeal to be prescribed by the regulations.
Clause 38 allows for maximum time of a postponement or adjournment to be prescribed by the regulations.
Clause 39 removes a reference to a provision being repealed by this Act.
Clause 40 allows the Board to make public the details of administrative penalties issued under this Act.
(a) require the Workers' Compensation Appeals Tribunal to refer matters to a hearing officer where additional evidence or the disposition of the appeal merits the referral;
(b) allow for the maximum length of a postponement or adjournment to be prescribed by the regulations; and
(c) allow for the deadline within which an appeal must be decided to be prescribed by the regulations.
Clauses 44 and 45 allow for certain deadlines to be prescribed by the regulations.
Clause 46 provides that these amendments, other than amendments respecting presumptive cancer coverage, have effect on and after January 1, 2026. The amendments respecting presumptive cancer coverage have retroactive effect to October 30, 2020.
An Act to Amend Chapter 10
of the Acts of 1994-95,
the Workers' Compensation Act
1 Section 2 of Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, as amended by Chapter 16 of the Acts of 2017, Chapter 40 of the Acts of 2019 and Chapter 23 of the Acts of 2023, is further amended by
(a) adding immediately after clause (j) the following clause:
- (ja) "common-law partner" of a person means another person who has cohabited with the person in a conjugal relationship for at least one year;
(b) adding "in so far as His Majesty submits to the operation of Part I" immediately after "Province" in subclause (n)(vii);
(c) adding ", including transportation costs" immediately after "aid" in subclause (r)(ii); and
(d) striking out clause (ab) and substituting the following clause:
- (ab) "spouse" means with respect to any person, a person who is cohabiting with the person in a conjugal relationship as married spouse, registered domestic partner or common-law partner;
2 Section 10A of Chapter 10 is repealed.
3 Subsection 27(2) of Chapter 10 is amended by adding ", or any other period as may be prescribed by the regulations" immediately after "accident".
4 (1) Subsection 30(2) of Chapter 10, as enacted by Chapter 1 of the Acts of 1999, is amended by adding ", or any other period prescribed by the regulations," immediately after "accident".
(2) Subsection 30(4) of Chapter 10, as enacted by Chapter 1 of the Acts of 1999, is amended by adding "or any other period prescribed by the regulations," immediately after "days,".
5 Subsection 31(2) of Chapter 10 is repealed and the following subsection substituted:
- (2) Where any amount received by the Board is in excess of the cost, as determined by the Board, of the compensation payable to the worker by the Board and other expenditures payable by the Board, the Board may collect an administrative fee from the excess amount and shall pay any remainder of the excess amount to the worker, the worker's personal representative or the worker's dependant.
6 Subsection 34(4) of Chapter 10 is amended by
(a) striking out the period at the end of clause (b) and substituting a comma; and
(b) adding immediately after clause (b) "or in any other amount as may be prescribed by the regulations.".
7 (1) Subsection 35A(1) of Chapter 10 is repealed and the following subsection substituted:
- (1) In this Section and Section 35B, "firefighter" means an employee, including officers and technicians, employed by a municipality, the Department of National Defence, the Department of Natural Resources or the Office of the Fire Marshall and assigned exclusively to fire protection, fire prevention or fire investigation duties, notwithstanding that those duties may include the performance of ambulance or rescue services, and includes a volunteer firefighter member of a fire department who performs those duties.
(2) Subsection 35A(3) of Chapter 10, as enacted by Chapter 40 of the Acts of 2019, is amended by
(a) adding ", the Department of Natural Resources, the Office of the Fire Marshall" immediately after "Defence" in clause (a); and
(b) striking out ", other than a forest-fire scene," in clause (c).
(3) Subsection 35A(5) of Chapter 10, as enacted by Chapter 40 of the Acts of 2019, is amended by striking out "the date this Section comes into force" and substituting "October 30, 2020".
(4) Subsection 35A(6) of Chapter 10, as enacted by Chapter 40 of the Acts of 2019, is amended by striking out "no sooner than one year before the date this Section comes into force" and substituting "on or after October 30, 2019".
8 Section 35B of Chapter 10, as enacted by Chapter 40 of the Acts of 2019, is amended by adding immediately after subsection (3) the following subsection:
- (4) Notwithstanding subsections 83(2) and (2B), a firefighter employed by the Department of Natural Resources or the Office of the Fire Marshall may make a claim for compensation in relation to an accident that is a cancer or other disease that is prescribed by the Governor in Council by regulation if
(a) the firefighter has given the employer notice of the disease as soon as practicable; and
(b) the firefighter's claim for compensation is made on or before January 1, 2027.
9 (1) Subsection 37(2) of Chapter 10, as amended by Chapter 1 of the Acts of 1999, is further amended by
(a) striking out the period at the end of clause (b) and substituting a comma; and
(b) adding immediately after clause (b) "or as determined in any other manner as may be prescribed by the regulations.".
(2) Subsection 37(3) of Chapter 10, as amended by Chapter 1 of the Acts of 1999, is further amended by
(a) striking out the period at the end of clause (b) and substituting a comma; and
(b) adding immediately after clause (b) "or as determined in any other manner as may be prescribed by the regulations.".
(3) Subsection 37(4) of Chapter 10, as amended by Chapter 1 of the Acts of 1999, is further amended by adding "or any other time and determined in any other manner as may be prescribed by the regulations" immediately after "compensation" the second time it appears.
10 Subclause 38(b)(iii) is amended by adding "disability" immediately after "periodic".
11 Subsection 48(1) of Chapter 10 is amended by
(a) striking out the period at the end of clause (b) and substituting a comma; and
(b) adding immediately after clause (b) "or any other amount as may be prescribed by the regulations.".
12 (1) Subsection 50(1) of Chapter 10 is amended by adding ", or any other amount as may be prescribed by the regulations," immediately after "worker" the second time it appears.
(2) Subsection 50(2) of Chapter 10 is amended by adding ", or any other amount as may be prescribed by the regulations," immediately after "payable".
13 (1) Clause 52(1)(a) of Chapter 10 is amended by striking out "periodic instalments" and substituting "the manner the Board determines".
(2) Subsection 52(2) of Chapter 10 is repealed.
14 Subsection 56(1) of Chapter 10 is repealed and the following subsection substituted:
- (1) Where a person for whom the Board reserves an annuity dies before the date fixed in Section 52, the Board may pay a lump sum equivalent to the value of the accumulated capital and interest
(a) to the person's spouse and dependants, divided in a manner that may be prescribed by the regulations or, where no manner is prescribed, in a manner determined by the Board;
(b) where there is no spouse or dependant, to any person who has been designated, in a manner satisfactory to the Board, by the person for whom the Board reserved an annuity; or
(c) where there is no spouse or dependant and the person has not made a designation for the purpose of clause (b), to the person's estate.
15 Section 57 of Chapter 10 is repealed and the following Section substituted:
- 57 Where the recipient of an annuity dies before the term of the annuity expires, the balance of the annuity shall be paid
(a) to the recipient's spouse and dependants, divided in a manner that may be prescribed by the regulations or, where no manner is prescribed, in a manner determined by the Board;
(b) where there is no spouse or dependant, to any person who has been designated, in a manner satisfactory to the Board, by the recipient; or
(c) where there is no spouse or dependant and the recipient has not made a designation for the purpose of clause (b), to the recipient's estate.
16 (1) Subsection 58(1) of Chapter 10 is repealed.
(2) Subsection 58(3) of Chapter 10 is amended by striking out "subsections (1) or (2)" and substituting "subsection (2)".
17 Clause 59(c) of Chapter 10 is amended by adding ", or any other amount as may be prescribed by the regulations" immediately after "accident".
18 (1) Subsection 60(1) of Chapter 10, as amended by Chapter 23 of the Acts of 2023, is further amended by striking out clauses (c) and (d) and substituting the following clauses:
- (c) a death benefit payable
(i) to the worker's spouse and dependants, divided in a manner that may be prescribed by the regulations or, where no manner is prescribed, in a manner determined by the Board,
(ii) where there is no spouse or dependant, to any person who has been designated, in a manner satisfactory to the Board, by the worker, or
(iii) where there is no spouse or dependant and the worker has not made a designation for the purpose of subclause (ii), to the worker's estate;
(d) where the worker has a dependent spouse, a survivor pension; and
(e) where the worker has dependent children, each dependent child under the age of eighteen years shall receive the dependent-child benefit on a monthly basis.
(2) Subsection 60(2) of Chapter 10 is amended by adding ", or any other amount as may be prescribed by the regulations" immediately after "of earnings".
(3) Subsection 60(4) of Chapter 10 is amended by striking out "Where no compensation is payable pursuant to subsection (1), the" and substituting "The".
(4) Subsection 60(5) of Chapter 10 is amended by adding "or any other amount as may be prescribed by the regulations" immediately after "of earnings".
(5) Subsection 60(7) of Chapter 10 is amended by adding ", or as determined in any other manner as may be prescribed by the regulations" immediately after "alive".
(6) Subsection 60(8) of Chapter 10 is amended by adding ", or as determined in any other manner as may be prescribed by the regulations" immediately after "alive".
19 Subsection 66(1) of Chapter 10 is amended by adding ", or such other amount as may be prescribed by the regulations," immediately after "pension" the second time it appears.
20 (1) Subsection 70(1) of Chapter 10 is amended by adding "until and including January 1, 2026," immediately after "2000,".
(2) Section 70 of Chapter 10, as amended by Chapter 23 of the Acts of 2023, is further amended by adding immediately after subsection (1) the following subsection:
- (1A) Commencing January 1, 2027, the Board shall, as of the first day of January in each year, determine an indexing factor based on the percentage change in the consumer price index for the preceding year to a maximum of three per cent per year, or any other rate as may be prescribed by the regulations.
(3) Subsection 70(2) of Chapter 10 is amended by adding "or (1A)" immediately after "(1)".
21 (1) Subsection 73(1) of Chapter 10, as amended by Chapter 1 of the Acts of 1999, is further amended by
(a) adding "at any time." immediately after "benefit" the first time it appears; and
(b) striking out clauses (a) to (d).
(2) Subsection 73(2) of Chapter 10 is amended by adding ", or any other amount as may be prescribed by the regulations" immediately after "review".
(3) Subsection 73(2A) of Chapter 10, as enacted by Chapter 1 of the Acts of 1999, is amended by adding ", or any other amount as may be prescribed by the regulations" immediately after "38".
22 Clause 74(3)(b) is amended by striking out "clause 73(1)(a)" and substituting "subsection 73(1)".
23 (1) Clause 83(1)(b) of Chapter 10 is amended by adding ", or any other time as may be prescribed by the regulations" immediately after "accident".
(2) Clause 83(2)(b) of Chapter 10 is amended by adding ", or any other time as may be prescribed by the regulations" immediately after "compensation" the second time it appears.
(3) Clause 83(2B)(b) of Chapter 10, as enacted by Chapter 40 of the Acts of 2019, is further amended by adding ", or any other time as may be prescribed by the regulations" immediately after "months".
24 Subsection 86(1) of Chapter 10 is amended by striking out "five" and substituting "two".
25 Chapter 10 is further amended by adding immediately after Section 89A the following Section:
- 89B (1) Where the Board receives a request from a worker's employer for medical information related to the worker and, in the opinion of the Board, disclosing the information to the employer is reasonably necessary for the determination of the worker's fitness to return to work, the Board may disclose the information to the employer.
(2) Where the Board discloses information related to a worker to an employer under subsection (1), the worker is considered to have consented to the disclosure of the information.
(3) The Board shall inform a worker where it discloses information about the worker to the worker's employer under subsection (1).
26 Clause 90(b) of Chapter 10 is amended by adding ", or such other time as may be prescribed by the regulations" immediately after "months".
27 (1) Subsection 92(1) of Chapter 10 is amended by
(a) striking out the period at the end of clause (b) and substituting a comma; and
(b) adding "or such other time as may be prescribed by the regulations." immediately after clause (b).
(2) Subsection 92(2) of Chapter 10 is amended by
(a) adding ", or such other time as may be prescribed by the regulations," immediately after "months" the second time it appears; and
(b) adding "or such other time as may be prescribed by the regulations" immediately after "re-employment".
28 Clause 94(b) of Chapter 10 is amended by adding ", or such other time as may be prescribed by the regulations," immediately after "commenced".
29 Subsection 95(3) of Chapter 10 is amended by adding ", or such other time as may be prescribed by the regulations" immediately after "employment" the second time it appears.
30 Section 106 of Chapter 10 is amended by adding ", or such other time as may be prescribed by the regulations" immediately after "rendered" the second time it appears.
31 Section 107 of Chapter 10 is repealed.
32 Section 110 of Chapter 10 is repealed.
33 Subsection 160A(1) of Chapter 10, as enacted by Chapter 1 of the Acts of 1999, is amended by adding ", or such other time as may be prescribed by the regulations" immediately after "quarter".
34 (1) Subsection 162(1) of Chapter 10 is repealed and the following subsection substituted:
- (1) Subject to any terms set out in a memorandum of understanding under Section 165A, the Board may provide funding for the support of occupational health and safety initiatives, research or organizations, as considered appropriate by the Board.
(2) Subsection 162(2) of Chapter 10 is amended by striking out "a research or safety program" and substituting "the support of occupational health and safety initiatives, research or organizations".
35 Chapter 10 is further amended by adding immediately after Section 165 the following Section:
- 165A (1) The Minister may, in the Minister's discretion, require the Board to enter into a memorandum of understanding with the Minister.
(2) A memorandum of understanding entered into under subsection (1) may only contain such terms as required by this Section and as may be directed by the Minister.
(3) Where the Minister and the Board enter into a memorandum of understanding under subsection (1), the Minister and the Board shall review the memorandum of understanding
(a) every five years from the later of the date that the memorandum of understanding is signed by the parties and the date a letter of affirmation is signed by the parties; or
(b) on such earlier date as the Minister may direct.
(4) Following a review under subsection (3), the Minister may direct that the memorandum of understanding be amended on such terms as the Minister directs.
(5) A memorandum of understanding entered in under subsection (1) must address any matter that the Governor in Council by order requires.
(6) A memorandum of understanding entered into under subsection (1) may address
(a) any matter proposed by the Board and agreed to by the Minister; and
(b) any other matter the Minister considers appropriate.
(7) The Board shall comply with a memorandum of understanding entered into under subsection (1).
36 Subsection 176(2) of Chapter 10 is amended by adding ", or at such other time as may be prescribed by the regulations" immediately after "argument".
37 (1) Subsection 197(2) of Chapter 10, as amended by Chapter 1 of the Acts of 1999, is further amended by
(a) striking out "thirty" and substituting "ninety"; and
(b) adding ", or any other time as may be prescribed by the regulations" immediately after "185".
(2) Subsection 197(8) of Chapter 10 is amended by adding ", or any other time as may be prescribed by the regulations" immediately after "hearing" the second time it appears.
38 Section 202 of Chapter 10 is amended by
(a) striking out "or" at the end of clause (b);
(b) striking out the period at the end of clause (c) and substituting "; or"; and
(c) adding immediately after clause (c) the following clause:
- (d) any other time as may be prescribed by the regulations.
39 Section 207 of Chapter 10 is amended by striking out "110,".
40 Chapter 10 is further amended by adding immediately after Section 218 the following Section:
- 218A The Board may make public the details of administrative penalties issued under this Act which may include personal information as defined in the Freedom of Information and Protection of Privacy Act.
41 (1) Clause 246(1)(e) of Chapter 10 is amended by adding "subject to Section 251," immediately before "any".
(2) Subsection 246(3) of Chapter 10 is repealed and the following subsection substituted:
- (3) Subject to Sections 247 and 251, the Appeals Tribunal shall decide an appeal
(a) within sixty days of the completion of the oral hearing;
(b) where no oral hearing is held, within sixty days of the date on which all submissions, in accordance with subsection 246(1), have been received by the Appeals Tribunal; or
(c) within any other time as may be prescribed by the regulations.
42 Section 250 of Chapter 10 is amended by
(a) striking out the period at the end of clause (c) and substituting a comma; and
(b) adding immediately after clause (c) "or such other time as may be prescribed by the regulations.".
43 Subsection 251(1) of Chapter 10, as amended by Chapter 1 of the Acts of 1999, is further amended by striking out "may, at any point in the hearing of an appeal," and substituting "shall".
44 Subsection 256(4) of Chapter 10 is amended by adding ", or any other time as may be prescribed by the regulations" immediately after "heard".
45 Subsection 257(1) of Chapter 10 is amended by adding ", or any other time as may be prescribed by the regulations," immediately after "Tribunal" the first time it appears.
46 (1) This Act, except Section 7, has effect on and after January 1, 2026.
(2) Section 7 has effect on and after October 30, 2020.
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