What Are The Best Practices For Employers Following An IME In Nova Scotia?

Brief Overview:
Following an Independent Medical Examination (IME) in Nova Scotia, employers should adhere to certain best practices to ensure a smooth and fair process. These practices include obtaining comprehensive documentation, communicating effectively with all parties involved, considering the expert opinion provided by the IME report, complying with privacy laws, and seeking legal advice when necessary.

1. Obtain Comprehensive Documentation: Employers should request a complete medical history from the employee or claimant prior to scheduling an IME. This includes past medical records, treatment plans, and any relevant information related to their condition or injury.

2. Communicate Effectively: Clear communication is essential throughout the entire IME process. Employers should inform employees about the purpose of the examination, what they can expect during it, and how it will impact their claim or employment status.

3. Consider Expert Opinion: The independent examiner’s report holds significant weight in determining decisions related to disability management. Employers should carefully review this report and consider its recommendations when making decisions regarding accommodation, return-to-work plans, or benefits eligibility.

4. Comply with Privacy Laws: In Nova Scotia, employers must comply with provincial privacy laws such as Personal Information Protection Act (PIPA). They must obtain consent from employees before sharing any personal health information obtained during the IME process.

5. Seek Legal Advice When Necessary: If complex legal issues arise following an IME in Nova Scotia, employers are advised to seek legal guidance from experts specializing in disability management law to ensure compliance with provincial regulations and minimize potential liabilities.


Q1: Can an employer force an employee to attend an IME?
A1: Yes; however,
the employer must have reasonable grounds that justify requesting
an IME within the employment contract or collective agreement.

Q2: Can employees refuse to participate in an IME?
A2:. Employees can only refuse under exceptional circumstances,
such as if there is a severe medical issue or potential risk to their health.
This refusal may have consequences, such as the suspension of benefits.

Q3: Can an employer use IME results to terminate employment?
A3: The IME results alone cannot be used as grounds for termination,
but they can inform decisions related to accommodation or return-to-work plans.

Q4: How long does an employer need to retain IME records in Nova Scotia?
A4:. Employers must maintain all relevant documentation, including IME reports,
for a period of seven years after the conclusion of an employee’s claim.

Q5: Can employees request a copy of their IME report in Nova Scotia?
A5: Yes. Employees have the right to request a copy of their IME report
within 45 days from receiving it and are responsible for any associated costs.


Following an Independent Medical Examination (IME) in Nova Scotia, employers should prioritize obtaining comprehensive documentation and communicating effectively with all parties involved. They should consider expert opinions provided by independent examiners, comply with privacy laws when handling personal health information obtained during the process, and seek legal advice when necessary. By adhering to these best practices, employers can ensure fairness and compliance throughout the disability management process.