Saskatchewan Employment Act, S-15.1

SASKATCHEWAN EMPLOYMENT

c S-15.1

The

Saskatchewan

Employment

Act

being

Chapter S-15.1* of the Statutes of Saskatchewan, 2013 (effective

April 29, 2014) as amended by the Statutes of Saskatchewan, 2014,

c.E-13.1 and c.27c.27; 2015, c.31; 2016, c 17, 2017, c.P-30.3 and c.31;

2018, c.35 and c.42; 2019, c.20 and c.21; 2020, c.12 and c.14; and

2021, c.38.

NOTE:

This consolidation is not ocial. Amendments have

been incorporated for convenience of reference and the

original statutes and regulations should be consulted for

all purposes of interpretation and application of the law. In

order to preserve the integrity of the original statutes and

regulations, errors that may have appeared are reproduced

in this consolidation.

*NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the

Consequential Amendment sections, schedules and/or tables within this Act

have been removed. Upon coming into force, the consequential amendments

contained in those sections became part of the enactment(s) that they amend,

and have thereby been incorporated into the corresponding Acts. Please refer to

the Separate Chapter to obtain consequential amendment details and specics.

SASKATCHEWAN EMPLOYMENT

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PART I

Preliminary Matters

1-1 Short title

1-2 Interpretation

1-3 Crown bound

1-4 Responsibilities of minister re Act

PART II

Employment Standards

DIVISION 1

Preliminary Matters for Part

2-1 Interpretation of Part

2-2 Meaning of permit to work

2-3 Application of Part

2-4 Responsibilities of minister re Part

DIVISION 2

Conditions of Employment

Subdivision 1

General

2-5 No charge for hiring or providing

information

2-6 Agreements not to deprive employees

of benets of Part

2-7 More favourable conditions prevail

2-8 Prohibition on discriminatory action

2-9 Action to recover wages preserved

2-10 Employment deemed continuous

Subdivision 2

Hours of Work

2-11 Work schedules

2-12 Overtime hours not to be required

2-13 Required period of rest

2-14 Meal breaks

Subdivision 3

Obligation to Pay Wages

2-15 Total wages

2-16 Minimum wage

2-17 Overtime pay

2-18 Overtime pay after eight hours

and 40 hours

2-19 Modied work arrangement

2-20 Authorization re overtime

Subdivision 4

Discrimination in Pay Prohibited

2-21 No discrimination in pay

Subdivision 5

Special Rules for Certain Fireghters

2-22 Regulations re hours and conditions of

work for reghters

Subdivision 6

Annual Vacation

2-23 Interpretation for Subdivision

2-24 Annual vacation periods and

common date

2-25 Manner of taking vacation

2-26 Notice of vacation period

2-27 Vacation pay

2-28 When public holiday occurs

during a vacation

2-29 Payment of vacation pay on ending

of employment

Subdivision 7

Public Holidays

2-30 Public holidays

2-31 Substituting another day for a

public holiday

2-32 Public holiday pay

Subdivision 8

Payment of Wages

2-33 Paydays

2-34 Wages to be paid notwithstanding dispute

2-35 How wages are paid

2-36 Deductions and special clothing

2-37 Statement of earnings required

Subdivision 9

Additional Obligations of Employer

2-38 Employer to keep record of wages,

hours worked, etc.

2-39 Provision of benets

2-40 Protection of employees for illness

or injury

2-41 Employer must reassign employee or

modify employee’s duties

2-42 Employer not to take

discriminatory action

Subdivision 10

General Rules re Employment Leave

2-43 Entitlement to apply for

employment leave

2-44 Employer to grant employment leave

2-45 Human rights not affected

2-46 Notice re employment leave

2-47 Medical evidence

2-48 Length of service, rights of recall, benets

and reinstatement

Subdivision 11

Employment Leave

2-49 Maternity leave

2-50 Adoption leave

2-51 Parental leave

2-52 Organ donation leave

2-53 Reserve force service leave

2-54 Nomination, candidate and public

ofce leave

2-55 Bereavement and compassionate

care leave

2-56 Compassionate care leave

TABLE OF CONTENTS

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2-56.1 Interpersonal violence and sexual

violence leave

2-57 Critically ill family care leave

2-58 Crime-related child death

or disappearance leave

2-59 Citizenship ceremony leave

2-59.1 Public Health Emergency leave

Subdivision 12

Layoff and Termination

2-60 Notice required

2-61 Payments in case of layoffs or

terminations

2-62 Notice of group termination

2-63 Employee notice re termination

DIVISION 3

Priority of Wages

2-64 Interpretation of Division

2-65 Wages accruing or due to be held in trust

2-66 Security interest on wages accruing

or due

2-67 Employees wages paid if assets of

employer are insufcient

2-68 Corporate directors liable for wages

2-69 Responsibility of certain employers and

contractors re wages of subcontractor’s

employees

DIVISION 4

Demand on Third Party and

Moneys Owing to Crown

2-70 Demand

2-71 Demand re moneys owing by the Crown

and public agencies

2-72 How moneys received by the director

are to be handled

2-73 Dispute of liability of person who

received demand

DIVISION 5

Wage Assessments, Appeals,

Certicates, Collections

2-74 Wage assessments

2-75 Commencement of appeal to adjudicator

2-76 Hearings for certain claims

2-77 Director’s certicate

2-78 Filing certicate in Court of

Queen’s Bench

2-79 Enforcement of judgment

DIVISION 6

General

Subdivision 1

Administration

2-80 Director of employment standards

2-81 Appointment of employment

standards ofcers

2-82 Written credentials for

employment standards ofcers

2-83 Inspection

2-84 Investigations

2-85 Fee re wage assessments

2-86 Compliance audits and audit fees

2-87 Director has standing as representative

of employees

2-88 Negotiation and settlement by director

of employment standards

2-89 Time limits for claims to director

of employment standards

2-90 Director of employment standards to

keep records of moneys paid

pursuant to this Part

2-91 Posting of documents

2-92 Enforcement of extraprovincial

judgments

2-93 Application to set aside led orders

and judgment

2-94 The Pension Benets Act, 1992 to prevail

Subdivision 2

Offences and Penalties

2-95 Offences

2-96 Order to pay wages or deliver records

and information

2-97 Additional powers of convicting court

2-98 Limitation on prosecutions

DIVISION 7

Regulations

2-99 Regulations for Part

DIVISION 8

Transitional

2-100 Transitional

PART III

Occupational Health and Safety

DIVISION 1

Preliminary Matters for Part

3-1 Interpretation of Part

3-2 Responsibilities of minister re Part

DIVISION 2

Administration

3-3 Appointment of director of occupational

health and safety

3-4 Appointment of chief occupational

medical ofcer

3-5 Appointment of chief mines inspector

3-6 Appointment of occupational health

ofcers

3-7 Written credentials for occupational

health ofcers

DIVISION 3

Duties

3-8 General duties of employer

3-9 General duties of supervisors

3-10 General duties of workers

3-11 General duties of self-employed persons

3-12 General duties of contractors

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3-13 General duties of prime contractors

at certain multi-employer worksites

3-14 General duties of owners

3-15 General duties of suppliers

3-16 Duty to provide information

3-17 Exemption

3-18 Provision of information to medical

personnel

3-19 Duty to provide occupational health

and safety service

3-20 Duty to provide occupational health

and safety programs

3-21 Duty re policy statement on violence

and prevention plan

DIVISION 4

Occupational Health Committees and

Occupational Health and Safety

Representatives

3-22 Establishment of committees

3-23 Director may order additional or new

occupational health committees

3-24 Designation of representatives

3-25 Duty to post names

3-26 General concern of committees

and representatives

3-27 Duties of committees

3-28 Duties of representatives

3-29 Reference of matters to occupational

health ofcer

3-30 Provision of reports by occupational

health ofcer

DIVISION 5

Right to Refuse Dangerous Work;

Discriminatory Action

3-31 Right to refuse dangerous work

3-32 Investigation by occupational

health ofcer

3-33 Decision of occupational health ofcer

3-34 Other workers not to be assigned

3-35 Discriminatory action prohibited

3-36 Referral to occupational health ofcer

3-37 Order to reinstate worker wrongfully

discriminated against

DIVISION 6

Compliance Undertakings and

Notices of Contravention

3-38 Compliance undertakings and notices

of contravention

3-39 Directions to remedy contravention

3-40 Contravention involving risk to health

or safety

3-41 Contravention involving serious risk

to health or safety

3-42 Copy of compliance undertaking or notice

of contravention

3-43 Progress report

3-44 Reassignment to alternative work

3-45 Withdrawals of certain requirements

3-46 Notices of contravention that do not

take immediate effect

DIVISION 7

Workplace Hazardous Materials

Information System

3-47 Interpretation of Division

3-48 Employer’s duties re substances

and hazardous products

3-49 Information re hazardous product

3-50 Exemption from disclosure

3-51 Information condential

DIVISION 8

Appeals

3-52 Interpretation of Division

3-53 Appeal of occupational health

ofcer decision

3-54 Appeals re harassment or discriminatory

action

3-55 Providing appeal material to adjudicator

3-56 Appeal of director’s decision to adjudicator

3-57 Decisions not stayed by appeals

3-58 Discriminatory action during appeal

DIVISION 9

Medical Examinations and Treatment

3-59 Medical examination

3-60 Condentiality

3-61 Power to require alternative work

3-62 Reports to be provided by physician,

hospital, etc.

DIVISION 10

Inspections, Inquiries and Investigations

3-63 Inspections

3-64 Obtaining information

3-65 Report re condition of plant

3-66 Requirement to perform tests

or examinations

3-67 Inquiry

3-68 Investigations

DIVISION 11

Councils, Workers’ Compensation

Board and Director’s Decisions

3-69 Occupational Health and Safety Council

3-70 Duties of Occupational Health and

Safety Council

3-71 Farm Health and Safety Council

3-72 Duties of Farm Health and Safety Council

3-73 Certain matters re councils and

administration of this Part

3-74 Costs of administration of this Part

3-75 Forwarding information to Workers’

Compensation Board

3-76 Director’s decisions to be posted

3-77 Promptness of decisions

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DIVISION 12

Offences and Penalties

3-78 Offences

3-79 Penalties

3-80 Onus on accused re duty or requirement

3-81 Onus on accused re training of workers

3-82 Limitation on prosecution

DIVISION 13

Regulations and Codes of Practice

3-83 Regulations for Part

3-84 Codes of practice

3-85 Exemptions

DIVISION 14

Transitional

3-86 Transitional

PART IV

Appeals and Hearings re Parts II, III and V

4-1 Adjudicators

4-2 Adjudicator’s duties

4-3 Selection of adjudicator

4-4 Procedures on appeals

4-5 Powers of adjudicator

4-6 Decision of adjudicator

4-7 Written decisions

4-8 Right to appeal adjudicator’s decision

to board

4-9 Appeal to Court of Appeal

4-10 Right of director to appeal

4-11 Power to enforce orders and decisions

4-12 Regulations for Part

PART V

Radiation Health and Safety

DIVISION 1

Preliminary Matters for Part

5-1 Interpretation of Part

5-2 Responsibilities of minister re Part

DIVISION 2

Ionizing Radiation

5-3 Establishment and alteration of ionizing

radiation installation, installation

of ionizing radiation equipment

5-4 Statements required re ionizing radiation

installations and equipment

5-5 Manufacture and use of ionizing radiation

equipment and associated apparatus

5-6 Qualications for management, control

or operation

DIVISION 3

Non‑ionizing Radiation

5-7 Establishment and alteration

of non-ionizing radiation installation

5-8 Statements required re equipment

emitting non-ionizing radiation

5-9 Manufacture and use of non-ionizing

radiation equipment and associated

apparatus

5-10 Qualications for management,

control and use

DIVISION 4

Matters affecting Ionizing and

Non‑ionizing Radiation

5-11 Restrictions on use

5-12 Information required

5-13 Incidents or hazards

5-14 Records

DIVISION 5

Compliance Undertakings and

Notices of Contraventions

5-15 Compliance undertakings and notices

of contravention

5-16 Directions to remedy contravention

5-17 Contravention involving risk to

health or safety

5-18 Copy of compliance undertaking or

notice of contravention

5-19 Progress report

5-20 Reassignment to alternative work

5-21 Withdrawals of certain requirements

5-22 Notices of contravention that do not

take immediate effect

DIVISION 6

Appeals

5-23 Interpretation of Division

5-24 Appeal of radiation health

ofcer’s decision

5-25 Appeal of director’s decision to adjudicator

5-26 Decisions not stayed by appeals

DIVISION 7

General

5-27 Radiation health ofcers, appointment

and powers

5-28 Credentials for radiation health ofcers

5-29 Inspections

5-30 Obtaining information

5-31 Investigations

5-32 Provision of reports by radiation

health ofcer

5-33 Director’s decisions to be posted

5-34 Promptness of decisions

5-35 Services provided by minister

5-36 Radiation Health and Safety Committee

5-37 Costs of administration of this Part

5-38 Application of radiation

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DIVISION 8

Offences and Penalties

5-39 Offence and penalty

5-40 Onus on accused re duty or requirement

5-41 Limitation on prosecution

DIVISION 9

Regulations, Codes of Practice

and Exemptions

5-42 Regulations for Part

5-43 Codes of practice

5-44 Exemptions

PART VI

Labour Relations

DIVISION 1

Preliminary Matters for Part

6-1 Interpretation of Part

6-2 Responsibility and powers of minister

re Part

6-3 Capacity of unions

DIVISION 2

Rights, Duties, Obligations

and Prohibitions

6-4 Right to form and join a union and to be

a member of a union

6-5 Coercion and intimidation prohibited

6-6 Certain actions against employees

prohibited

6-7 Good faith bargaining

6-8 Board order re religious objections

DIVISION 3

Acquisition and Termination

of Bargaining Rights

6-9 Acquisition of bargaining rights

6-10 Change in union representation

6-11 Determination of bargaining unit

6-12 Representation vote

6-13 Certication order

6-14 Application to cancel certication

order – union ceases to be a union

6-15 Application to cancel certication

order unfair labour practice

6-16 Application to cancel certication

order – abandonment

6-17 Application to cancel certication

order – loss of support

DIVISION 4

Successor Rights and Obligations

6-18 Transfer of obligations

6-19 Effect of business becoming subject

to Saskatchewan laws

6-20 Board may declare related businesses

to be one employer

6-21 Successor union

DIVISION 5

Votes

6-22 Votes by secret ballot

6-23 Voting requirements

DIVISION 6

Collective Bargaining

6-24 Commencing collective bargaining –

rst agreement

6-25 Assistance re rst collective agreement

6-26 Commencing collective bargaining –

renewal or revision

DIVISION 7

Assistance in Bargaining

6-27 Appointment of labour relations ofcer

6-28 Special mediator

6-29 Conciliation board

DIVISION 8

Strikes and Lockouts

6-30 Lockouts and strikes prohibited during

term of collective agreement

6-31 Bargaining required before strike vote

or lockout

6-32 Strike vote required

6-33 Notice of impasse and mediation

or conciliation required before

strike or lockout

6-34 Notice re strikes or lockouts

6-35 Vote on employer’s last offer

6-36 Benets during strike or lockout

6-37 Reinstatement of employees after

strike or lockout

DIVISION 9

Collective Agreements

Subdivision 1

Ratication of and Length

of Collective Agreements

6-38 Ratication vote

6-39 Period for which collective agreements

remain in force

6-40 Authority of board to vary expiry dates

in certain circumstances

Subdivision 2

General Matters

6-41 Parties bound by collective agreement

6-42 Union security clause

6-43 Employer to deduct dues

6-44 Copies of collective agreements to be led

with minister

Subdivision 3

Resolution of Collective Agreement Disputes

6-45 Arbitration to settle disputes

6-46 Arbitration procedure – single arbitrator

6-47 Arbitration procedure – arbitration board

6-48 Arbitration re termination or suspension

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6-49 Rules of arbitration

6-50 When arbitration decision must be given

6-51 Paying costs of arbitration

6-52 The Arbitration Act, 1992 not to apply

6-53 Mediation for grievance

DIVISION 10

Technological Change and

Organizational Change

6-54 Technological change and

organizational change

6-55 Application to board for an order

re technological change

or organizational change

6-56 Workplace adjustment plans

6-57 When Division does not apply

DIVISION 11

Unions and Union Members

6-58 Internal union affairs

6-59 Fair representation

6-60 Applications re breach of duty of

fair representation

6-61 Financial statement of unions

DIVISION 12

Unfair Labour Practices

6-62 Unfair labour practices – employers

6-63 Unfair labour practices –

unions, employees

DIVISION 13

Construction Industry

Subdivision 1

Preliminary Matters for Division

6-64 Purpose of Division

6-65 Interpretation of Division

Subdivision 2

Trade Divisions and Project Agreements

6-66 Trade divisions

6-67 Project agreements

Subdivision 3

Unionized Employers

6-68 Rights and duties of unionized employers

Subdivision 4

Representative Employers’ Organizations

6-69 Determination of representative

employers’ organizations

6-70 Effect of determination

6-71 Constitution and bylaws of representative

employers’ organizations

6-72 Prohibitions on certain activities of

representative employers’ organizations

6-73 Pre-job conference

Subdivision 5

Council of Unions

6-74 Council of unions

6-75 Effect of agreements re council of unions

Subdivision 6

Contract Administration and

Industry Development Fees

6-76 Contract administration and industry

development fees

Subdivision 7

Additional Obligations

re Strikes and Lockouts

6-77 Strike or lockout – vote required

6-78 Selective strikes and lockouts prohibited

Subdivision 8

Spin‑off Corporations

6-79 Spin-off corporations

Subdivision 9

Board Orders

6-80 Board orders

DIVISION 14

Health Sector

6-81 Purpose of Division

6-82 Interpretation of Division

6-83 Bargaining units in the health sector

6-84 Effect of designation

6-85 Obligations of health sector employers

DIVISION 15

Fireghters

6-86 Interpretation of Division

6-87 Application of Division

6-88 Referral to arbitration

6-89 Arbitration board

6-90 Arbitration board procedures

6-91 Decision of arbitration board

DIVISION 16

Labour Relations Board

Subdivision 1

Board Continued

6-92 Board continued

6-93 Members of board

6-94 Members may continue to

complete proceedings

6-95 Quorum

6-96 Board orders

6-97 Executive ofcer

6-98 Investigating ofcer

6-99 Minister to provide technical support

6-100 Immunities and privileges of

board members

6-101 Annual report

6-102 Content of annual report

Subdivision 2

Board Powers and Duties

6-103 General powers and duties of board

6-104 Board powers

6-105 Provisional determination of employee

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Subdivision 3

Additional Powers of Board

re Applications and Orders

6-106 Power to dismiss certain applications –

inuence, etc., of employers

6-107 Power to reject certain evidence

6-108 Power to enforce orders and decisions

6-109 Power to rescind certication order

obtained by fraud

6-110 Board may determine dispute on consent

Subdivision 4

Hearings and Proceedings

6-111 Powers re hearings and proceedings

6-112 Proceedings not invalidated

by irregularities

6-113 Board may correct clerical errors

6-114 Board orders or decisions binding

and conclusive

6-115 No appeals from board orders or decisions

6-116 Deadline for board decisions

DIVISION 17

General Matters

6-117 Industrial inquiry commission

6-118 Director of labour relations

6-119 Labour relations services

6-120 Providing information

6-121 Certain information privileged

6-122 Lieutenant Governor in Council may

declare certain Acts of Parliament

to apply

6-123 Offences and penalties

6-124 Attorney General’s permission

re prosecutions required

6-125 Regulations for Part

6-126 Board regulations

DIVISION 18

Transitional

6-127 Transitional matters

6-128 Transitional re irrevocable elections

and removal or exclusion of

supervisory employees

PART VII

Essential Services

DIVISION 1

Preliminary Matters for Part

7-1 Interpretation of Part

7-2 Application of Part

DIVISION 2

Essential Services Agreements

7-3 Negotiation of essential services

agreement

7-4 Contents of essential services agreement

7-5 Prohibition on work stoppage without

essential services agreements, etc.

DIVISION 3

No Essential Services Agreements

7-6 Notice of impasse

7-7 Essential services tribunal

7-8 Period within which tribunal must

commence hearing and make a decision

7-9 Public employer or union may apply for

further decisions

7-10 Period within which further decision

must be made

7-11 Matters respecting further decision

7-12 Effect of decision

7-13 When decision is effective

DIVISION 4

If Lockout or Strike is Substantially

Interfered With

7-14 Procedures if lockout or strike is

substantially interfered with

7-15 Mediation-arbitration to

conclude a collective

agreement – mediation-arbitration

board

7-16 Mediation by mediation-arbitration board

7-17 Arbitration by mediation-

arbitration board

7-18 Mediation-arbitration to conclude

a collective agreement – single

mediator-arbitrator

7-19 Mediation by single mediator-arbitrator

7-20 Arbitration by single mediator-arbitrator

7-21 Matters to be considered by

mediation-arbitration board or single

mediator-arbitrator

7-22 Multi-employer bargaining units

DIVISION 5

General Matters re Part

7-23 Determination of essential services

employees

7-24 Obligations of public employers

7-25 Obligations of unions

7-26 No person or union to prevent compliance

with this Part

7-27 No person or union to aid, abet or counsel

non-compliance with this Part

7-28 Unfair labour practices re Part

7-29 Essential services employees to continue

or resume essential services

7-30 Copies of essential services agreements

to be led with minister

7-31 Termination of essential services

agreement

7-32 Requirements for work schedules

7-33 The Arbitration Act, 1992 not to apply

7-34 Change in membership of tribunal

7-35 Offences and penalties re Part

7-36 Regulations for Part

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PART VIII

Labour‑Management Actions

(Temporary Measures During an Election)

8-1 Interpretation of Part

8-2 Order of the Lieutenant Governor

in Council

8-3 Prohibitions and obligations

8-4 Offences and penalties

8-5 Application to court to direct compliance

PART IX

General

DIVISION 1

Assignment of Wages

9-1 Interpretation of Division

9-2 Assignment of wages generally prohibited

9-3 Certain wage assignments valid

9-4 Assignment of wages to certain

credit unions

9-5 Restrictions on wage assignments

DIVISION 2

Other Matters

9-6 Offences by corporation

9-7 Offences by union

9-8 Vicarious liability

9-9 Service

9-10 Immunity

9-10.1 Protection from liability re employers

and COVID-19 measures

9-11 Forms for Act

9-12 Regulations

9-13 Review of Act

9-14 Evidentiary effect of documents

PART X

Repeals and Consequential Amendments

DIVISION 1

Repeals

10-1 R.S.S. 1978, c.A-30 repealed

10-2 R.S.S. 1978, c.B-8 repealed

10-3 S.S. 1992, c.C-29.11 repealed

10-4 R.S.S. 1978, c.E-9 repealed

10-5 R.S.S. 1978, c.F-14 repealed

10-6 S.S. 1996, c.H-0.03 repealed

10-7 S.S. 1981-82, c.L-0.1 repealed

10-8 R.S.S. 1978, c.L-1 repealed

10-9 S.S. 1993, c.O-1.1 repealed

10-10 S.S. 1984-85-86, c.R-1.1 repealed

10-11 R.S.S. 1978, c.T-17 repealed

10-12 R.S.S. 1978, c.W-1 repealed

DIVISION 2

Consequential Amendments

10-13 S.S. 1986, c.A-18.1, new section 40

10-14 S.S. 1999, c.A-22.2, section 2 amended

10-15 R.S.S. 1978, c.A-35 amended

10-16 S.S. 1984-85-86, c.B-7.1 amended

10-17 R.S.S. 1978, c.B-10, new section 114

10-18 S.S. 1991, c.C-50.11, section 2 amended

10-19 S.S. 1997, c.D-4.1, section 23 amended

10-20 S.S. 1993, c.E-6.3, section 28 amended

10-21 S.S. 1993, c.G-3.2, section 30 amended

10-22 R.S.S. 1978, c.H-14.1, section 4 amended

10-23 S.S. 1986, c.L-0.2, section 2 amended

10-24 S.S. 1982-83, c.L-30.1 amended

10-25 S.S. 1994, c.M-9.2, section 17 amended

10-26 S.S. 2010, c.N-5.2, section 94 amended

10-27 S.S. 1992, c.P-6.001, section 2 amended

10-28 S.S. 1989-90, c.P-6.01,

section 14.4 amended

10-29 S.S. 1990-91, c.P-15.01 amended

10-30 R.S.S. 1978, c.P-27, section 12 repealed

10-31 S.S. 1994, c.P-37.1, section 19.1 amended

10-32 S.S. 1998, c.P-42.1, section 2 amended

10-33 S.S. 1983, c.R-22.01, section 48 amended

10-34 S.S. 1979, c.S-24.1, section 16 amended

10-35 R.S.S. 1978, c.T-12, section 7 amended

PART XI

Coming into Force

11-1 Coming into force

SASKATCHEWAN EMPLOYMENT

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SASKATCHEWAN EMPLOYMENT

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CHAPTER S‑15.1

An Act respecting Employment Standards, Occupational Health

and Safety, Labour Relations and Related Matters and making

consequential amendments to certain Acts

PART I

Preliminary Matters

Short title

1‑1 This Act may be cited as The Saskatchewan Employment Act.

Interpretation

1‑2(1) In this Act:

(a) “board” means the Labour Relations Board continued pursuant to

section 6-92;

(b) “business day” means a day other than a Saturday, Sunday or holiday;

(d) “minister” means the member of the Executive Council to whom for the

time being the administration of this Act is assigned;

(e) “ministry” means the ministry over which the minister presides;

(f) “prescribed” means prescribed in the regulations made by the Lieutenant

Governor in Council.

(2) A reference in a Part to “regulations made pursuant to this Part” is to be read

as a reference to regulations made pursuant to that Part and to section 9-12.

2013, c.S-15.1, s.1-2.

Crown bound

1‑3 The Crown is bound by this Act.

2013, c.S-15.1, s.1-3.

Responsibilities of minister re Act

1‑4(1) The minister is responsible for all matters not by law assigned to any other

minister or agency of the government relating to the matters governed by this Act.

(2) For the purposes of carrying out the minister’s responsibilities pursuant to

this Act, the minister may:

(a) collect, assimilate and publish in suitable form statistical and other

information relating to conditions of labour and employment in Saskatchewan;

(b) make inquiries into and report on the labour and employment legislation

in force in any jurisdiction in or outside Canada and, on the basis of those

inquiries and reports, make any recommendations that the minister considers

advisable with regard to the labour and employment law of Saskatchewan; and

the labour and employment law of Saskatchewan that is presented or made

by a union, an employer or any other person.

2013, c.S-15.1, s.1-4.

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PART II

Employment Standards

DIVISION 1

Preliminary Matters for Part

Interpretation of Part

2‑1 In this Part and in Part IV:

(a) “corporate director” means a director of a corporation that is an

employer;

(b) “day” means:

(i) for the purpose of Subdivisions 2 and 3 of Division 2, any period of

24 consecutive hours; and

(ii) for any other purpose, a calendar day;

standards appointed pursuant to section 2-80;

(d) “discriminatory action” means any action or threat of action by an

employer that does or would adversely affect an employee with respect to

any terms or conditions of employment or opportunity for promotion, and

includes termination, layoff, suspension, demotion or transfer of an employee,

discontinuation or elimination of a job, change of a job location, reduction

in wages, change in hours of work, reprimand, coercion, intimidation or the

imposition of any discipline or other penalty but does not include:

(i) any reassignment of duties for the reasons set out in section 2-41 or

subsection 2-49(4); or

(ii) any other prescribed action;

(e) “emergency circumstance” means a situation where there is an

imminent risk or danger to a person, property or an employer’s business that

could not have been foreseen by the employer;

(f) “employee” includes:

(i) a person receiving or entitled to wages;

(ii) a person whom an employer permits, directly or indirectly, to perform

work or services normally performed by an employee;

(iii) a person being trained by an employer for the employer’s business;

(iv) a person on an employment leave from employment with an

employer; and

(v) a deceased person who, at the relevant time, was a person described

in any of subclauses (i) to (iv);

but does not include a person engaged in a prescribed activity;

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(g) “employer” means any person who employs one or more employees

and includes every agent, manager, representative, contractor, subcontractor

or principal and every other person who, in the opinion of the director of

employment standards, either:

(i) has control or direction of one or more employees; or

(ii) is responsible, directly or indirectly, in whole or in part, for the

payment of wages to, or the receipt of wages by, one or more employees;

(h) “employment leave” means a leave mentioned in Subdivision 11 of

Division 2 that an employee is entitled to;

(i) “employment standards ofcer” means a person appointed as an

employment standards ofcer pursuant to section 2-81;

(j) “hourly wage” means an amount an employee earns or is deemed to earn

in an hour as determined in the prescribed manner;

(k) “immediate family” means:

(i) the employee’s spouse, parent, grandparent, child, grandchild, brother

or sister or the spouse of the brother or sister; or

(ii) the employee’s spouse’s parent, grandparent, child, grandchild,

brother or sister or the spouse of the brother or sister;

(l) “layoff” means the temporary interruption by an employer of the services

of an employee for a period exceeding six consecutive work days;

(m) “minimum wage” means the minimum wage required to be paid

pursuant to section 2-16;

(n) “modied work arrangement” means an arrangement whereby the

employer requires or permits an employee to work or to be at the employer’s

disposal that satises the requirements of section 2-19;

(o) “overtime” and “overtime pay” mean:

(i) pay at a rate of 1.5 times an employee’s hourly wage; or

(ii) pay at a prescribed rate for a prescribed category of employees;

(p) “pay instead of notice” means an amount of money that is payable to

an employee pursuant to subclause 2-61(1)(a)(ii);

(q) “payday” means the day on which an employee’s wages are required to

be paid in accordance with section 2-33;

(q.1) “public health emergency” means a public health emergency of

international concern determined by the World Health Organization in

accordance with the International Health Regulations (2005) or any subsequent

International Health Regulations;

(r) “public holiday pay” means an amount of money that is payable to an

employee pursuant to section 2-32;

(s) “spouse” means, with respect to an employee:

(i) the legally married spouse of the employee; or

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(ii) a person with whom the employee cohabits and has cohabited as

spouses:

(A) continuously for a period of not less than two years; or

(B) in a relationship of some permanence if the person and the

employee are the parents of a child;

(t) “total wages” means all remuneration that the employee is paid or

entitled to be paid by his or her employer but does not include:

(i) bonuses payable at the discretion of the employer; or

(ii) tips or other gratuities;

(u) “vacation pay” means an amount of money that is payable to an employee

pursuant to section 2-27;

(v) “wages” means salary, commission and any other monetary compensation

for work or services or for being at the disposal of an employer, and includes

overtime, public holiday pay, vacation pay and pay instead of notice;

(w) “week” means:

(i) for the purposes of sections 2-11, 2-12 and 2-17 to 2-20:

(A) the period between midnight on a Saturday and midnight on

the following Saturday; or

(B) any other period of seven consecutive days that the employer

has consistently used when determining the schedule of an employee;

and

(ii) for all other purposes, a period of seven consecutive calendar days.

2013, c.S-15.1, s.2-1; 2020, c 14, s.3.

Meaning of permit to work

2‑2 For the purposes of this Part, an employer is deemed to have permitted

an employee to work within the meaning of the expression “permits to work” or

“permitted to work” if the employer:

(a) knows or ought reasonably to know that the employee is working; and

(b) does not cause the employee to stop working.

2013, c.S-15.1, s.2-2.

Application of Part

2‑3(1) This Part applies to all employees and employers in Saskatchewan other

than:

(a) subject to subsections (2) and (3) and to the regulations made pursuant to

this Part, those employees whose primary duties consist of actively engaging

in farming, ranching or market gardening activities; and

(b) those employees or employers, or categories of employees or employers,

excluded in the regulations made pursuant to this Part from all or portions

of this Part.

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(2) For the purposes of clause (1)(a), the following are deemed not to be within the

meaning of farming, ranching or market gardening:

(a) the operation of egg hatcheries, greenhouses and nurseries;

(b) bush clearing operations;

(3) Section 2-68, Division 5 and section 2-87 apply to an employee employed

primarily in farming, ranching or market gardening.

2013, c.S-15.1, s.2-3.

Responsibilities of minister re Part

2‑4(1) The minister is responsible for all matters not by law assigned to any other

minister or agency of the government relating to employment standards and the

promotion and enforcement of those standards.

(2) For the purpose of carrying out the minister’s responsibilities pursuant to this

Part, the minister may:

(a) create, develop, adopt, coordinate and implement policies, strategies,

objectives, guidelines, programs, services and administrative procedures or

similar instruments respecting employment standards;

(b) provide assistance to employees and employers to understand the rights

and obligations created by this Part by providing seminars, developing

informational material and answering questions relating to those rights and

obligations; and

carrying out the minister’s responsibilities or exercising the minister’s powers

pursuant to this Part and the regulations made pursuant to this Part.

2013, c.S-15.1, s.2-4.

DIVISION 2

Conditions of Employment

Subdivision 1

General

No charge for hiring or providing information

2‑5(1) No person shall request, charge or receive, directly or indirectly, from another

person seeking employment a payment for:

(a) seeking employment or obtaining employment for the other person or

employing the other person; or

(b) providing information about employers seeking employees.

(2) A person does not contravene this section by requesting, charging or receiving

payment for any form of advertisement from the person who placed the advertisement.

(3) A payment received by a person in contravention of this section is deemed to

be wages owing to the person who made it and this Part applies to the recovery of

the payment.

2013, c.S-15.1, s.2-5.

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Agreements not to deprive employees of benets of Part

2‑6 No provision of any agreement has any force or effect if it deprives an employee

of any right, power, privilege or other benet provided by this Part.

2013, c.S-15.1, s.2-6.

More favourable conditions prevail

2‑7(1) In this section, “more favourable” means more favourable than provided

by this Part, any regulations made pursuant to this Part or any authorization issued

pursuant to this Part.

(2) Nothing in this Part, in a regulation made pursuant to this Part or in any

authorization issued pursuant to this Part affects any provision in any other Act,

regulation, agreement, collective agreement or contract of services or any custom

insofar as that Act, regulation, agreement, collective agreement, contract of services

or custom gives any employee:

(a) more favourable rates of pay or conditions of work;

(b) more favourable hours of work;

(d) more favourable periods of notice of layoff or termination.

(3) Without restricting the generality of subsection (2), if an employer is obligated

to pay an employee for time worked on a public holiday or pay an employee overtime,

no provision of any Act, regulation, agreement, collective agreement or contract of

service and no custom that provides for the payment of wages for work on a public

holiday or for overtime at less than 1.5 times the employee’s hourly wage shall be

considered more favourable to an employee.

2013, c.S-15.1, s.2-7.

Prohibition on discriminatory action

2‑8(1) Unless authorized by this Part, no employer shall take discriminatory action

against an employee because the employee:

(a) requests or requires the employer to comply with any right or benet

conferred on employees by this Part, the regulations made pursuant to this

Part or an authorization issued pursuant to this Part;

(b) requests or requires the employer to comply with any restriction or

prohibition imposed on the employer by this Part, the regulations made

pursuant to this Part or an authorization issued pursuant to this Part;

(d) has applied for or taken an employment leave or is otherwise absent from

the workplace in accordance with this Part;

(e) has requested a modication of the employee’s duties or a reassignment

to other duties for reasons set out in section 2-41 or subsection 2-49(4);

(f) seeks or has sought the enforcement of any provision in this Part or the

regulations made pursuant to this Part; or

(g) has had his or her wages seized or attached.

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(2) In any prosecution alleging a contravention of subsection (1), the onus is on

the employer to prove that any discriminatory action taken against the employee

was taken for good and sufcient cause.

2013, c.S-15.1, s.2-8.

Action to recover wages preserved

2‑9(1) Unless otherwise restricted or prohibited by this Act, an employee may bring

an action to enforce any right or benet conferred on the employee by this Part or

to recover any wages required to be paid to the employee by this Part.

(2) Unless the court grants leave otherwise, no employer shall assert a right of

set-off or le a counterclaim in the action brought by the employee:

(a) for a breach of the terms and conditions of employment;

(b) for the enforcement of any right or benet conferred on the employee by

this Part; or

Part.

2013, c.S-15.1, s.2-9.

Employment deemed continuous

2‑10 For the purposes of this Part, if a business or part of a business is sold, leased,

transferred or otherwise disposed of and an employee continues to be employed at

the business after the sale, lease, transfer or disposition, the employee’s employment

is deemed to be continuous.

2013, c.S-15.1, s.2-10.

Subdivision 2

Hours of Work

Work schedules

2‑11(1) An employer shall give notice to an employee of a work schedule containing

the following:

(a) the time when work begins and ends;

(b) if work is done in shifts, the time when each shift begins and ends; and

(2) The notice required pursuant to subsection (1) must cover at least one week.

(3) If the days or times when an employee is required or permitted to work or to

be at the employer’s disposal change, the employer shall provide to the employee

written notice of the change.

(4) The notice required pursuant to subsection (3) must:

(a) be given in a schedule that contains the information required pursuant

to subsection (1) covering at least one week;

(b) be given at least one week before the start of the schedule;

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provided as required pursuant to clause (b), be given one week before the

employee is required or permitted to work or to be at the employer’s disposal;

and

(d) be personally given to the employee, posted in the workplace, posted online

on a secure website to which the employee has access or provided in any other

manner that informs the employee of the schedule.

(5) An employer may provide notice of less than one week of a variation to an

employee’s schedule if unexpected, unusual or emergency circumstances arise.

(6) The director of employment standards may permit a variation from the

requirements of this section if the employer has obtained the written consent to the

variation from the union that is the bargaining agent for the employees.

2013, c.S-15.1, s.2-11.

Overtime hours not to be required

2‑12(1) Subject to subsections (2) and (3), without the consent of an employee, no

employer shall require the employee to work or to be at the employer’s disposal for

more than:

(a) 44 hours in a week; or

(b) in a week that contains a public holiday, 44 hours reduced by eight hours

for each public holiday in that week.

(2) Subject to subsection (3), if an employee is working in accordance with a modied

work arrangement or in accordance with an averaging authorization that satises

the requirements of section 2-20, the employer shall not require the employee to

work or be at the employer’s disposal for more than:

(a) 44 hours in a week;

(b) in a week that contains a public holiday, 44 hours reduced by eight hours

for each public holiday in that week; or

averaging authorization.

(3) Subsections (1) and (2) do not apply if unexpected, unusual or emergency

circumstances arise.

2013, c.S-15.1, s.2-12.

Required period of rest

2‑13(1) Subject to subsection (2), no employer shall require or permit an employee

to work or to be at the employer’s disposal for periods that are scheduled so that

the employee does not have a period of eight consecutive hours of rest in any day.

(2) Subsection (1) does not apply in emergency circumstances.

(3) Subject to subsections (4) to (6), an employer shall grant one day off every

week to an employee who usually works or is at the disposal of the employer

for 20 hours or more in a week.

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(4) Subsection (3) does not apply to any prescribed workplace or prescribed category

of employers or employees.

(5) In prescribed workplaces with more than 10 employees, or for prescribed

categories of employees, an employer shall grant to employees in the workplace or

to the category of employees two consecutive days off every week.

(6) On receipt of a written application from an employer and the employees or a

representative of the employees, the director of employment standards may:

(a) issue a written authorization exempting the employer from subsection (3);

and

(b) impose any conditions that the director considers appropriate on the

written authorization issued pursuant to clause (a).

2013, c.S-15.1, s.2-13.

Meal breaks

2‑14(1) Subject to subsections (2) and (4), an employer shall provide to an employee

an unpaid meal break that is of at least 30 minutes’ duration within every ve

consecutive hours of work.

(2) An employer is not required to grant a meal break pursuant to subsection (1):

(a) in unexpected, unusual or emergency circumstances; or

(b) if it is not reasonable for an employee to take a meal break.

(3) If the employer does not grant the meal break mentioned in subsection (1) and

the employee works ve or more consecutive hours, the employer shall permit an

employee to eat while working.

(4) An employer shall provide to an employee an unpaid meal break at a time or

times necessary for medical reasons.

2013, c.S-15.1, s.2-14.

Subdivision 3

Obligation to Pay Wages

Total wages

2‑15 Subject to this Part, an employer shall pay an employee his or her total wages

payable in accordance with the terms and conditions of:

(a) the employee’s employment contract; or

(b) if the employer is bound by a collective agreement, the collective agreement.

2013, c.S-15.1, s.2-15.

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Minimum wage

2‑16(1) An employer shall pay an employee:

(a) at least the prescribed minimum wage for each hour or part of an hour in

which the employee is required or permitted to work or to be at the employer’s

disposal; and

(b) at least the prescribed minimum sum when the employee reports for duty.

(2) Subject to subsection (3), if an employer pays an employee on any basis other

than by the hour, the employer is deemed to have satised clause (1)(a) if the

employer has, for the period covered by the payday, paid the employee an amount

at least equal to the amount TP calculated in accordance with the following formula:

TP = MW x HW

where:

MW is the prescribed minimum wage; and

HW is the number of hours or parts of an hour in which the employee is

required or permitted to work or to be at the employer’s disposal during the

period covered by the payday.

(3) An employer shall not include in the calculation made pursuant to subsection (2)

any payment the employer made to the employee for the purposes of:

(a) annual vacation pay;

(b) any pay required pursuant to clause (1)(b) for an amount exceeding the

time worked;

(d) public holiday pay.

2013, c.S-15.1, s.2-16.

Overtime pay

2‑17(1) An employer shall pay an employee overtime pay for each hour or part

of an hour in which the employee is required or permitted to work or to be at

the employer’s disposal that exceeds the hours determined in accordance with

sections 2-18, 2-19 and 2-20.

(2) When calculating overtime pay, an employer:

(a) is not required to include any meal break allowed to an employee if:

(i) notice of the meal break is given in accordance with section 2-11; and

(ii) the employee is not at the disposal of the employer during the meal

break;

(b) shall not take into account any time the employee works or is at the

employer’s disposal on a public holiday;

public holiday occurring in a week; and

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(d) shall pay to the employee the greater of:

(i) the total of overtime pay required pursuant to this Subdivision that

is calculated on a daily basis; and

(ii) the total of overtime pay required pursuant to this Subdivision that

is calculated on a weekly basis.

2013, c.S-15.1, s.2-17.

Overtime pay after eight hours and 40 hours

2‑18(1) Unless an employee is working in accordance with a modied work

arrangement or in accordance with an averaging authorization that satises the

requirements of section 2-20, an employer shall pay the employee overtime for each

hour or part of an hour in which the employer requires or permits the employee to

work or to be at the employer’s disposal for more than:

(a) 40 hours in a week; or

(b) either of:

(i) eight hours in a day if the employer schedules the employee’s work

in accordance with clause (2)(a); or

(ii) 10 hours in a day if the employer schedules the employee’s work in

accordance with clause (2)(b).

(2) For the purposes of determining the 40 hour per week maximum pursuant to

subsection (1), the employer may require or permit the employee to work or be at

the employer’s disposal for either:

(a) eight hours in a day for no more than ve days in a week; or

(b) 10 hours in a day for no more than four days in a week.

(3) Notwithstanding section 2-7 or subsections (1) and (2), in the prescribed

circumstances and subject to the prescribed conditions, an employer and an employee

may agree that the employee may bank overtime hours.

(4) Notwithstanding section 2-17, subsection (1) of this section and section 2-19,

but subject to subsection (5), an employer shall pay an employee overtime if:

(a) the employee works, on average, fewer than 30 hours per week; and

(b) the employer requires or permits the employee to work or to be at the

employer’s disposal for more than eight hours in a day.

(5) If employees have a union as their bargaining agent and the employer and the

union have agreed respecting the number of hours in a day or week that are to be

worked before overtime is paid:

(a) subsection (4) does not apply to those employees; and

(b) the employer shall pay those employees overtime in accordance with the

agreement.

2013, c.S-15.1, s.2-18; 2014, c.27, s.3.

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Modied work arrangement

2‑19(1) Subject to subsection (2), an employer shall pay an employee overtime for

each hour or part of an hour in which the employer requires or permits an employee

to work or to be at the employer’s disposal that exceeds:

(a) the prescribed hours of work; or

(b) with respect to employees who have a union as their bargaining agent,

the hours as agreed to by the employer and the union.

(2) Subsection (1) applies if the employer requires the employee to be at the

employer’s disposal for more than 40 hours in week.

(3) The agreement mentioned in clause (1)(b) must require the payment of overtime

if the hours an employee is required or permitted to work or to be at the employer’s

disposal exceed on average 40 hours per week.

(4) If the agreement mentioned in clause (1)(b) does not satisfy the requirements

of subsection (3), the employer shall pay overtime in accordance with section 2-18.

2013, c.S-15.1, s.2-19.

Authorization re overtime

2‑20(1) An employer may apply in writing to the director of employment standards

for an authorization to pay overtime in accordance with the provisions set out in

the authorization.

(2) On receipt of an application pursuant to subsection (1), the director of

employment standards may issue the written authorization applied for if the director

is satised that the requirement of subsection (4) is met and that it is appropriate

to do so.

(3) If the director of employment standards issues a written authorization pursuant

to subsection (2), the director:

(a) shall determine when the employer is required to pay overtime to an

employee; and

(b) may impose any conditions that the director considers appropriate on the

written authorization.

(4) The director of employment standards may only issue a written authorization

if the number of hours an employee is required or permitted to work or to be at the

employer’s disposal without being paid overtime does not exceed, on average, 40

hours in a week.

(5) The employer shall provide notice of the written authorization to every employee

who will be working in accordance with the written authorization by:

(a) personally giving it to the employee;

(b) posting it in the workplace;

(d) providing it in any other manner that informs the employee of the notice.

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(6) No employer who receives an authorization pursuant to this section shall fail to:

(a) pay overtime in accordance with the terms and conditions of the

authorization; or

(b) comply with any conditions imposed on the authorization by the director

of employment standards.

(7) Subject to subsections (8) to (12), the director of employment standards may,

at any time, cancel an authorization issued pursuant to this Part if the director is

satised that:

(a) a condition of the authorization has been breached; or

(b) the authorization is no longer necessary or advisable.

(8) Before cancelling an authorization pursuant to subsection (7), the director of

employment standards shall:

(a) give the employer to whom the authorization has been issued written

notice of the director’s intention to cancel the authorization and the reasons

for the proposed cancellation; and

(b) provide the employer with an opportunity to make written representations,

within 30 days after the notice mentioned in clause (a) is served, as to why the

authorization should not be cancelled.

(9) The director of employment standards is not required to give an oral hearing

to any employer to whom notice has been given pursuant to clause (8)(a).

(10) After the expiry of the period mentioned in clause (8)(b), the director of

employment standards shall provide a written decision to the employer.

(11) The director of employment standards is not required to comply with

subsections (8) to (10) if the employer requests that the authorization be cancelled.

(12) The employer shall provide to every employee who was working in accordance

with the authorization notice of the cancellation of the authorization by:

(a) personally giving it to the employee;

(b) posting it in the workplace;

(d) providing it in any other manner that informs the employee of the notice.

2013, c.S-15.1, s.2-20.

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Subdivision 4

Discrimination in Pay Prohibited

No discrimination in pay

2‑21(1) No employer shall pay an employee of one sex at a rate of pay less than

the rate paid to an employee of another sex if:

(a) they are employed by the employer for similar work that is performed in

the same workplace under similar working conditions; and

(b) the performance of the work requires similar skill, effort and responsibility.

(2) Subsection (1) does not apply if a payment differential is made pursuant to a

seniority system or merit system.

(3) No employer shall reduce the rate of pay of any employee in order to comply

with this section.

(4) If an employer has contravened subsection (1), the employer is not, after that

contravention, entitled to reduce the rate of pay to which an employee is entitled

on the grounds that the work is subsequently performed only by employees of the

same sex.

(5) No employer shall pay an employee a different rate of pay on the basis of any

prohibited ground, as dened in The Saskatchewan Human Rights Code, 2018, unless

The Saskatchewan Human Rights Code, 2018 permits the different rate of pay.

2013, c.S-15.1, s.2-21; 2018, c 35, s.2.

Subdivision 5

Special Rules for Certain Fireghters

Regulations re hours and conditions of work for reghters

2‑22 The Lieutenant Governor in Council may make regulations:

(a) authorizing the establishment of reghter platoons for prescribed

categories of employers;

(b) authorizing the employers mentioned in clause (a):

(i) to require reghters to work 24 consecutive hours in prescribed

circumstances; and

(ii) to determine other conditions of work for reghters.

2013, c.S-15.1, s.2-22.

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Subdivision 6

Annual Vacation

Interpretation for Subdivision

2‑23 In this Subdivision:

(a) an employee is considered to have completed a year of employment if the

employee has worked for the employer or been in the employer’s service for a

period of 52 consecutive weeks and during that period:

(i) the employee has not for more than 26 consecutive weeks resigned,

been terminated, been laid off or been absent from work; or

(ii) the employee was absent for more than 26 consecutive weeks:

(A) with the consent of the employer; or

(B) on an employment leave; and

(b) an employee is considered to have completed 10 years of employment if

the employee has worked for the employer or been in the employer’s service

for a period of 10 consecutive years or more and during that period:

(i) the employee has not for more than 26 consecutive weeks in any year

resigned, been terminated, been laid off or been absent from work; or

(ii) the employee was absent for more than 26 consecutive weeks in

any year:

(A) with the consent of the employer; or

(B) on an employment leave.

2013, c.S-15.1, s.2-23.

Annual vacation periods and common date

2‑24(1) Every employee is entitled:

(a) subject to clause (b), to an annual vacation of three weeks after the

completion of each year of employment with an employer; and

(b) to an annual vacation of four weeks after the completion of 10 years of

employment with an employer and after the completion of each subsequent

year of employment with that employer.

(2) An employer may use a common date for calculating vacation entitlement of

all employees but only if the common date does not result in a reduction of any

employee’s rights pursuant to this Subdivision.

2013, c.S-15.1, s.2-24.

Manner of taking vacation

2‑25(1) If an employee is entitled to an annual vacation pursuant to section 2-24:

(a) the employer shall permit the employee to take the entire vacation

within 12 months after the date on which the employee becomes entitled to it; or

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(b) the employer shall permit the employee to take the entire vacation to

which the employee is entitled:

(i) in one continuous and uninterrupted period; or

(ii) in a manner other than one continuous and uninterrupted period, if:

(A) the vacation periods are not less than one week in length;

(B) the employee provides the employer with written notice of the

lengths of time the employee proposes for the vacation periods; and

entitlement date.

(2) Subject to section 2-26, an employer may require all employees, or all employees

in part of a workplace, to take their vacation at a time when the employer has closed

all or part of the workplace but only if those vacation periods are not less than one

week in length.

2013, c.S-15.1, s.2-25.

Notice of vacation period

2‑26 If an employer and employee or union representing the employee cannot agree

on the time when the employee is to take his or her vacation, the employer shall

give to the employee who is entitled to a vacation pursuant to section 2-24 not less

than four weeks’ written notice of the commencement of the employee’s vacation

period or each of the employee’s vacation periods, as the case may be.

2013, c.S-15.1, s.2-26.

Vacation pay

2‑27(1) An employee is to be paid vacation pay in the following amounts:

(a) if the employee is entitled to a vacation pursuant to clause 2-24(1)(a), three

fty-seconds of the employee’s wages for the year of employment or portion of

the year of employment preceding the entitlement to the vacation;

(b) if the employee is entitled to an annual vacation pursuant to clause 2-24(1)

(b), four fty-seconds of the employee’s wages for the year of employment

preceding the entitlement to the vacation.

(2) With respect to an employee who is entitled to a vacation pursuant to section 2-24

but who does not take that vacation, the employer shall pay the employee’s vacation

pay not later than 11 months after the day on which the employee becomes entitled

to the vacation.

(3) The employer shall pay vacation pay to the employee in an amount calculated

according to the length of vacation leave taken:

(a) at the employee’s request, before the employee takes the vacation; or

(b) on the employee’s normal payday.

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(4) An employer shall reimburse the employee for any monetary loss suffered by

the employee as a result of the cancellation or postponement of the vacation if:

(a) the employee has scheduled a period of vacation at a time agreed to by

the employer; and

(b) the employer does not permit the employee to take the vacation as

scheduled.

(5) A monetary loss mentioned in subsection (4) is deemed to be wages owing and

this Part applies to the recovery of that monetary loss.

2013, c.S-15.1, s.2-27.

When public holiday occurs during a vacation

2‑28 If one or more public holidays set out in section 2-30 occur during the period

of any vacation that an employee has been permitted by the employer to take

pursuant to this Part:

(a) the period of that vacation must be increased by one working day with

respect to each public holiday; and

(b) the employer shall pay to the employee, in addition to the vacation pay

that the employee is entitled to receive, the wages that the employee is entitled

to be paid for each public holiday.

2013, c.S-15.1, s.2-28.

Payment of vacation pay on ending of employment

2‑29(1) If the employment of an employee ends, the employer shall pay to the

employee the vacation pay to which the employee is entitled pursuant to this Part

within 14 days after the day on which the employment ends.

(2) If the employment of an employee ends, the employee is entitled to vacation

pay calculated in accordance with section 2-27 on the wages earned by the employee

with respect to which the employee has not previously been paid vacation pay.

(3) Subsection (2) applies whether or not an employee has completed a year of

employment.

2013, c.S-15.1, s.2-29.

Subdivision 7

Public Holidays

Public holidays

2‑30(1) In this section:

(a) “Family Day” means the third Monday in February;

(b) “Saskatchewan Day” means the rst Monday in August.

(2) For the purposes of this Part, the following are public holidays in Saskatchewan:

(a) New Year’s Day;

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(b) Family Day;

(d) Victoria Day;

(e) Canada Day;

(f) Saskatchewan Day;

(g) Labour Day;

(h) Thanksgiving Day;

(i) Remembrance Day;

(j) Christmas Day.

(3) In this Part, a reference to a public holiday is a reference to one of the days

mentioned in subsection (2) or to a day substituted for that day in accordance with

section 2-31.

2013, c.S-15.1, s.2-30.

Substituting another day for a public holiday

2‑31 An employer may substitute another day for a public holiday:

(a) in workplaces where a union is the bargaining agent, if the union agrees

in writing to substitute another specied day for the public holiday; or

(b) in workplaces where no union is the bargaining agent, if the day that is

substituted:

(i) meets the prescribed conditions; or

(ii) is approved by the director of employment standards subject to any

terms and conditions set by the director.

2013, c.S-15.1, s.2-31.

Public holiday pay

2‑32(1) An employer shall pay an employee for every public holiday an amount

equal to:

(a) 5% of the employee’s wages, not including overtime pay, earned in the

four weeks preceding the public holiday; or

(b) an amount calculated in the prescribed manner for a prescribed category

of employees.

(2) For the purposes of subsection (1), an employer shall include in the calculation

of an employee’s wages:

(a) vacation pay with respect to vacation the employee actually takes in the

four weeks preceding the public holiday; and

(b) public holiday pay in an amount required pursuant to subsection (1) if

another public holiday occurs in the four-week period mentioned in clause (1)(a).

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(3) If an employee works on a public holiday, an employer shall pay the employee

the total of:

(a) the amount calculated in accordance with subsection (1); and

(b) for each hour or part of an hour in which the employee is required or

permitted to work or to be at the employer’s disposal:

(i) an amount calculated at a rate of 1.5 times the employee’s hourly

wage; or

(ii) an amount calculated in the prescribed manner for a prescribed

category of employees.

2013, c.S-15.1, s.2-32.

Subdivision 8

Payment of Wages

Paydays

2‑33(1) Subject to subsections (2) and (3), an employer shall:

(a) pay to an employee the total wages to which the employee is entitled up

to a day not more than six days before the employee’s payday; and

(b) pay the employee at least:

(i) monthly;

(ii) semi-monthly; or

(iii) every 14 days.

(2) An employer may only pay an employee on a monthly basis if the employee is

paid a salary expressed as a monthly wage or a wage expressed for a period longer

than a month.

(3) If the employment of an employee ends, the employer shall pay to the employee

the total wages to which the employee is entitled within 14 days after the day on

which the employment ends.

(4) Subsection (3) does not entitle an employer to delay payment of any portion of

wages to an employee whose employment ends if the employer is required pursuant

to subsection (1) to pay those wages on an earlier date.

2013, c.S-15.1, s.2-33.

Wages to be paid notwithstanding dispute

2‑34(1) Subject to subsection (2), in the event of a stoppage of work as a result of

a labour-management dispute, the total wages to which the employee is entitled at

the time of the stoppage are payable at the time required in section 2-33.

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(2) If subsection (1) applies and the director of employment standards is satised

that an employer is prevented from paying wages on the day the wages are due

because of factors beyond the employer’s control, the director may authorize the

employer to pay wages on another day to be specied by the director.

2013, c.S-15.1, s.2-34.

How wages are paid

2‑35(1) An employer shall pay all wages to an employee:

(a) in Canadian currency;

(b) by cheque drawn on a bank, credit union or trust corporation;

corporation; or

(d) by a prescribed means.

(2) Subject to subsection (3), all wages of an employee must, at the employer’s

discretion, be:

(a) paid to the employee during the employee’s working hours;

(b) delivered to the employee’s place of residence;

place of residence; or

(d) deposited into a bank, credit union or trust corporation account of the

employee’s choice.

(3) If an employee is at the time xed for payment of the employee’s wages absent

from the place where the wages are payable, the employer shall immediately send

the employee’s pay by registered mail to the employee’s last address known to the

employer.

(4) Any agreement between an employer and employee that allows for payment of

wages in any other manner than that set out in subsection (1) is void.

(5) No employer shall issue a cheque in payment of wages that is not honoured.

2013, c.S-15.1, s.2-35.

Deductions and special clothing

2‑36(1) Except as permitted or required pursuant to this Act, any other Act or

any Act of the Parliament of Canada, an employer shall not, directly or indirectly:

(a) make any deductions from the wages that would be otherwise payable

to the employee;

(b) require that any portion of the wages be spent in a particular manner; or

any wages paid.

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(2) In addition to deductions permitted or required pursuant to law, an employer

may deduct from an employee’s wages:

(a) employee contributions to pension plans or registered retirement savings

plans;

(b) employee contributions to other benet plans;

(d) voluntary contributions by the employee to savings plans or the purchase

of bonds;

(e) initiation fees, dues and assessments to a union that is the bargaining

agent for the employee;

(f) voluntary employee purchases from the employer of any goods, services

or merchandise; and

(g) deductions for purposes or categories of purposes that are specied

pursuant to subsection (3).

(3) For the purposes of clause (2)(g), the Lieutenant Governor in Council may

specify purposes and categories of purposes by regulation or by special order in a

particular case.

(4) No employer shall require an employee to purchase special clothing that

identies the employer’s establishment.

(5) An employer who requires an employee to wear a special article of clothing that

identies the employer’s establishment shall provide that special article of clothing

free of cost to the employee.

2013, c.S-15.1, s.2-36.

Statement of earnings required

2‑37(1) An employer shall provide a statement of earnings to an employee:

(a) on every payday; and

(b) when making payments of wage adjustments.

(2) A statement of earnings required pursuant to subsection (1) must:

(a) clearly set out:

(i) the name of the employee;

(ii) the beginning and ending dates of the period for which the payment

of wages is being made;

(iii) the number of hours of work for which payment is being made for

each of wages, overtime and hours worked on a public holiday;

(iv) the rate or rates of wages;

(v) the amount paid for each of wages, overtime and public holiday pay

and work on a public holiday, vacation pay and pay instead of notice;

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(vi) the employment or category of employment for which payment of

wages is being made;

(vii) the amount of total wages;

(viii) an itemized statement of any deductions from wages being made;

and

(ix) the actual amount of the payment being made; and

(b) be in a form that:

(i) is separate from, or readily detachable from, any form of cheque or

other type of voucher issued in the payment of wages; or

(ii) if an employee is provided with an electronic statement, permits the

employee to print off a copy of the statement of earnings.

(3) Unless the contrary is established, wages and other amounts that are not

included in a statement pursuant to subsection (2) are deemed not to have been paid.

2013, c.S-15.1, s.2-37.

Subdivision 9

Additional Obligations of Employer

Employer to keep record of wages, hours worked, etc.

2‑38(1) No employer shall fail to keep:

(a) records showing the particulars of every unwritten contract dealing with

wages or other monetary benets to which any employee is entitled;

(b) a copy of every written contract or other document dealing with wages or

other monetary benets to which any employee is entitled; and

(i) the full name, sex, date of birth and residential address of the

employee;

(ii) the name or a brief description of the job or position of the employee;

(iii) the rate of wages of the employee expressed in terms of wages per

hour, day, week, month or other period;

(iv) the total wages paid to the employee for each week or other pay

period;

(v) the time when the employee’s work begins and ends each day and

the time when any meal breaks allowed to the employee each day begin

and end;

(vi) the total number of hours worked by the employee each day and

each week as well as the total number of hours each day and each week

that the employee is required to be at the disposal of the employer;

(vii) every deduction made from the wages of the employee for any

purpose whatever and the purpose for which each deduction was made;

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(viii) the date of each payment of wages to the employee;

(ix) the date of commencement of the employee’s employment and, if

applicable, the date the employment ends;

(x) the date on which the employee becomes entitled to each vacation;

(xi) the dates on which each vacation period is taken by the employee;

(xii) the amount paid to the employee with respect to each vacation to

which the employee is entitled and the date of payment;

(xiii) the amount paid to the employee with respect to each public holiday

and the date of payment;

(xiv) if applicable, the amount paid to the employee on the ending of the

employment and the date of payment;

(xv) any other prescribed matters or matters that the minister may

require.

(2) Every employer shall provide the records mentioned in subsection (1) to an

employment standards ofcer when requested by the ofcer.

(3) Every employer shall keep a register of every employee whose work is ordinarily

performed at home setting out:

(a) the address where that work is performed; and

(b) the portion of the work performed by the employee that was performed

at home.

(4) The records that an employer is required to keep pursuant to this

section respecting an employee must cover the most recent ve years of the

employee’s employment.

(5) If an employee’s employment ends, the employer shall retain the records

mentioned in subsection (4) for a period of two years after the date on which the

employee’s employment ended.

(6) An employee’s employment is deemed not to have ended for the purposes of

subsection (5) if the employee is employed again by the employer within six months

after the date on which the employment of the employee ended.

(7) The records required by this section may be incorporated in any wage record

that the employer is required to keep pursuant to any other Act.

2013, c.S-15.1, s.2-38.

Provision of benets

2‑39 If an employer provides a benet to employees who work at least 30 hours per

week or any other prescribed number of hours, the employer shall provide benets

in accordance with the regulations made pursuant to this Part to all prescribed

categories of employees.

2013, c.S-15.1, s.2-39.

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Protection of employees for illness or injury

2‑40(1) Subject to subsections (2) to (4.1), except for just cause unrelated to injury

or illness, no employer shall take discriminatory action against an employee because

of absence:

(a) due to the illness or injury of the employee; or

(b) due to the illness or injury of a member of the employee’s immediate family

who is dependent on the employee.

(2) Subsection (1) only applies if:

(a) the employee has been in the employer’s service for more than 13

consecutive weeks before the absence;

(b) the absence does not exceed:

(i) a total of 12 days in a calendar year, in the case of illness or injury

that is not serious; or

(ii) 12 weeks in a period of 52 weeks, in the case of serious illness or

injury; and

employer with a certicate of a duly qualied medical practitioner certifying

that the employee was incapable of working due to illness or injury or certifying

the illness or injury of the member of the employee’s immediate family, as the

case may be.

(3) The protection afforded by subclause (2)(b)(i) does not apply if it can be

demonstrated that the employee has a record of chronic absenteeism and there is

no reasonable expectation of improved attendance.

(4) The period of absence permitted pursuant to subclause (2)(b)(ii) must

be extended to 26 weeks in a period of 52 weeks if the employee is receiving

compensation pursuant to The Workers’ Compensation Act, 1979.

(4.1) If the absence due to the illness or injury of an employee is the result of a public

health emergency, the employee is exempt from the requirements of clauses (2) (a)

and (c).

(5) Nothing in this section limits or abrogates an employee’s rights at common law

or pursuant to The Saskatchewan Human Rights Code, 2018.

2013, c.S-15.1, s.2-40; 2018, c 35, s.2; 2020, c 14,

s.4.

Employer must reassign employee or modify employee’s duties

2‑41 An employer shall modify an employee’s duties or reassign the employee to

other duties if:

(a) the employee becomes disabled and the disability would unreasonably

interfere with the performance of the employee’s duties; and

(b) it is reasonably practicable to do so.

2013, c.S-15.1, s.2-41.

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Employer not to take discriminatory action

2‑42(1) In this section, “lawful authority” means:

(a) any police or law enforcement agency with respect to an offence within

its power to investigate;

(b) any person whose duties include the enforcement of this Act, another Act

or an Act of the Parliament of Canada with respect to an offence within his or

her power to investigate; or

(2) No employer shall take discriminatory action against an employee because

the employee:

(a) has reported or proposed to report to a lawful authority any activity

that is or is likely to result in an offence pursuant to an Act or an Act of the

Parliament of Canada; or

(b) has testied or may be called on to testify in an investigation or proceeding

pursuant to this Act, another Act or an Act of the Parliament of Canada.

(3) Subsection (2) does not apply if the actions of an employee are frivolous or

vexatious.

2013, c.S-15.1, s.2-42.

Subdivision 10

General Rules re Employment Leave

Entitlement to apply for employment leave

2‑43 An employee who has been in an employer’s service for more than 13

consecutive weeks is entitled to an employment leave in accordance with this

Subdivision and Subdivision 11.

2013, c.S-15.1, s.2-43.

Employer to grant employment leave

2‑44 No employer shall fail to grant an employee an unpaid employment leave

when required to do so by this Subdivision and Subdivision 11.

2013, c.S-15.1, s.2-44.

Human rights not affected

2‑45 Nothing in this Subdivision or Subdivision 11 limits or abrogates an employee’s

rights at common law or pursuant to The Saskatchewan Human Rights Code, 2018.

2013, c.S-15.1, s.2-45; 2018, c 35, s.2.

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Notice re employment leave

2‑46(1) Subject to subsection (2) and section 2-49, an employee shall provide at

least four weeks’ written notice to his or her employer of:

(a) the day on which the employee intends to commence an employment

leave; and

(b) the day on which the employee intends to return to work from the

employment leave.

(2) The obligation to provide four weeks’ written notice pursuant to subsection (1)

does not apply:

(a) to any of the following employment leaves:

(i) bereavement leave;

(ii) compassionate care leave;

(iii) interpersonal violence and sexual violence leave;

(iv) critically ill child care leave;

(v) critically ill adult care leave;

(vi) crime-related child death or disappearance leave;

(vii) citizenship ceremony leave;

(viii) public health emergency leave;

(b) if the date of commencement of the employment leave or the date of return

to work from the employment leave is not known and cannot be reasonably

known by the employee;

the employment leave was for 60 days or less; or

(d) if the prescribed circumstances apply.

(3) If an employee is not required to provide four weeks’ written notice in accordance

with subsection (2), the employee shall provide the employer with notice as far as

possible in advance of the date the employee intends to commence the employment

leave or of the date the employee intends to return to work, as the case may be.

2013, c.S-15.1, s.2-46; 2017, c 31, s.3; 2019, c 20,

s.3; 2020, c 14, s.5.

Medical evidence

2‑47(1) In this section, “nurse practitioner” means a nurse who is entitled

pursuant to The Registered Nurses Act, 1988 to practise in the nurse practitioner

category.

(2) If an employment leave involves a medical issue and the employer so requires,

the employee shall provide written evidence in the form of a certicate from a duly

qualied medical practitioner or nurse practitioner as to the reason for the leave

or the extension of the leave.

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(3) If an employment leave requires the verication of other circumstances and

if the employer so requires, the employee shall provide written evidence to verify

those circumstances, in the prescribed manner.

2019, c 20, s.4.

Length of service, rights of recall, benets and reinstatement

2‑48(1) An employee continues to accrue seniority, service for the purposes of

subclause 2-23(a)(ii) or (b)(ii) and rights of recall while on an employment leave

or a combination of employment leaves for the length of the employment leave or

combination of employment leaves to a maximum of 78 weeks.

(2) Subject to subsection (3) and to the provisions of a prescribed benet plan, an

employee continues to be entitled to participate in the prescribed benet plan while

on an employment leave or combination of employment leaves, for the length of the

leave or leaves, if the employee pays the contributions required by the prescribed

benet plan.

(3) The requirement in subsection (2) for the employee to pay the contributions

required by the prescribed benet plan does not apply to a bereavement leave or a

citizenship ceremony leave.

(4) At the expiration of an employment leave and subject to subsection (5), an

employer shall reinstate an employee to the same job the employee held before

going on employment leave, without any loss of accrued seniority or benets or

reduction in rate of pay.

(5) An employer may reinstate an employee, without any loss of accrued seniority or

benets or reduction in rate of pay, to a job comparable to that held by the employee

before going on employment leave:

(a) if the employment leave was for more than 60 days; or

(b) if prescribed circumstances exist.

2013, c.S-15.1, s.2-48; 2019, c 20, s.5.

Subdivision 11

Employment Leave

Maternity leave

2‑49(1) Subject to subsections (2) and (7), an employee who is pregnant is entitled

to a maternity leave of 19 weeks commencing at any time during the period of 13

weeks preceding the estimated date of birth, and no later than the date of birth.

(2) If the actual date of birth is later than the estimated date of birth, the employee

is entitled to not less than six weeks’ leave after the actual date of birth.

(3) An employee may extend the leave for a further period of six weeks if the

employee is unable for medical reasons to return to work after the expiration of

the maternity leave.

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(4) An employer shall modify an employee’s duties or reassign the employee to

other duties, without a decrease in wages or benets, to accommodate a pregnancy if:

(a) the employee’s duties or pregnancy would be unreasonably interfered

with; and

(b) it is reasonably practicable to do so.

(5) An employer may require an employee to commence maternity leave not more

than 13 weeks before the estimated date of birth if:

(a) the pregnancy of the employee would unreasonably interfere with the

performance of the employee’s duties; and

(b) no opportunity exists to modify the employee’s duties or to reassign the

employee to other duties.

(6) An employee whose pregnancy terminates on a date not more than 13 weeks

before the estimated date of birth due to a miscarriage or a stillbirth may take a

leave pursuant to this section.

(7) An employer shall grant a maternity leave in accordance with subsection (8)

to an employee who:

(a) has failed to comply with clause 2-46(1)(a) but is otherwise entitled to

maternity leave; and

(b) has not provided her employer with a certicate of a duly qualied medical

practitioner certifying that there are bona de medical reasons that require

the employee to cease work immediately.

(8) Subject to subsection (2), the maternity leave to which an employee is entitled

pursuant to subsection (7) is to consist of a period not exceeding 15 weeks commencing

at any time during the period of nine weeks preceding the estimated date of birth.

2013, c.S-15.1, s.2-49; 2019, c 20, s.6.

Adoption leave

2‑50 An employee is entitled to an adoption leave of 19 weeks commencing on the

date on which the child comes into the employee’s care or becomes available for

adoption if the employee is to be the primary caregiver of the adopted child during

the period of the leave.

2013, c.S-15.1, s.2-50; 2019, c 20, s.7.

Parental leave

2‑51(1) An employee who is a parent of a newborn child or a newly adopted child

is entitled to a parental leave of not more than:

(a) 59 weeks, if the employee has taken a maternity leave or an adoption

leave; or

(b) 71 weeks, in other cases.

(2) A parental leave must be taken during the period of:

(a) 13 weeks preceding the estimated date of birth or the estimated date on

which the child is to come into the employee’s care, as the case may be; and

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(b) either:

(i) if one employee is taking leave pursuant to this section, 78 weeks

following the actual date of birth or the actual date on which the child

comes into the employee’s care; or

(ii) if two employees are taking leave pursuant to this section with

respect to the same child, 86 weeks following the actual date of birth or

the actual date on which the child comes into the employee’s care.

(3) If clause (1)(a) applies, the employee shall take the parental leave consecutive

to the maternity leave or adoption leave, as the case may be.

2013, c.S-15.1, s.2-51; 2019, c 20, s.8; 2020, c 12,

s.3.

Organ donation leave

2‑52(1) In this section, “organ donation” means a surgical procedure that involves

the removal of an organ or tissue from the employee for the purpose of its being

transplanted into another individual.

(2) Subject to subsection (3), an employee is entitled to a leave for organ donation

for the period, as certied by a duly qualied medical practitioner, required for the

organ donation and recovery from the procedure.

(3) The maximum leave for an organ donation and recovery is 26 weeks.

2013, c.S-15.1, s.2-52.

Reserve force service leave

2‑53(1) In this section:

(a) “reserve force” means the reserve force as dened in the National

Defence Act (Canada);

(b) “service” means training with the reserve force and active service with

the reserve force, including regular and emergency deployment.

(2) Subject to subsection (3), an employee is entitled to a reasonable period of leave

for the employee’s period of service with the reserve force.

(3) The leave pursuant to this section must meet the prescribed requirements.

2013, c.S-15.1, s.2-53.

Nomination, candidate and public ofce leave

2‑54(1) In this section, “band council” means the council of a band within the

meaning of the Indian Act (Canada).

(2) An employee is entitled to a leave:

(a) to seek nomination as a candidate for a municipal, provincial or federal

election or an election for a board of education, the Conseil scolaire fransaskois

or a band council, for a reasonable period;

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(b) to be a candidate for a municipal, provincial or federal election or an

election for a board of education, the Conseil scolaire fransaskois or a band

council, for a reasonable period; or

government or a board of education, the Conseil scolaire fransaskois or a

band council, for the period during the employee’s term of ofce that may be

necessary.

(3) Subsection 2-48(2) applies to an employee on a leave pursuant to subsection (2)

for a maximum of 52 weeks.

2020, c 12, s.3.

Bereavement and compassionate care leave

2‑55(1) An employee is entitled to a bereavement leave of ve days in the case of

the death of a member of the employee’s immediate family.

(2) The leave mentioned in subsection (1) must be taken within the period

commencing one week before and ending one week after the funeral relating to the

death with respect to which the leave is granted.

2013, c.S-15.1, s.2-55.

Compassionate care leave

2‑56(1) In this section, “member of the employee’s family” means a member

of a class of persons prescribed pursuant to the regulations made pursuant to the

Employment Insurance Act (Canada).

(2) An employee is entitled to a compassionate care leave of up to 28 weeks to

provide care or support to a member of the employee’s family who has a serious

medical condition with a signicant risk of death within 26 weeks from the date

the leave commences.

(3) In a period of 52 weeks, an employee is not entitled to take more than one

compassionate care leave pursuant to subsection (2).

(4) An employee’s compassionate care leave pursuant to subsection (2) ends:

(a) if the employee is no longer providing care or support to the family member;

(b) on the termination of the 28-week period mentioned in subsection (2); or

2016 c 17 s 3.

Interpersonal violence and sexual violence leave

2‑56.1(1) In this section:

(a) “interpersonal violence” means interpersonal violence as dened in

The Victims of Interpersonal Violence Act;

(b) “victim” means:

(i) an employee;

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(ii) a child of an employee;

(iii) a person for whom an employee is a caregiver, regardless of whether

the person and the employee have lived together at any time.

(2) An employee is entitled to a leave of up to 10 days in a period of 52 weeks,

which the employee may choose to take intermittently or in one continuous period,

if a victim is subjected:

(a) to interpersonal violence by:

(i) a person who has been or who is in a family relationship, spousal

relationship, intimate relationship or dating relationship with the

employee, regardless of whether they have lived together at any time;

(ii) a person who is the parent of one or more children with the employee,

regardless of their marital status or whether they have lived together at

any time;

(iii) a person who is in an ongoing caregiving relationship with the

employee, regardless of whether they have lived together at any time; or

(iv) any other prescribed person; or

(b) to sexual violence.

(3) Leave pursuant to this section may be taken for one or more of the following

purposes:

(a) to seek medical attention for a victim with respect to a physical or

psychological injury or disability caused by interpersonal violence or sexual

violence;

(b) to obtain services from a victim services organization;

(d) to relocate temporarily or permanently;

(e) to seek legal or law enforcement assistance, including preparing for or

participating in any civil or criminal legal proceeding related to or resulting

from the interpersonal violence or sexual violence;

(f) any other prescribed purpose.

(4) For the purposes of calculating when an employee’s period of leave has been fully

used in accordance with this section, only the periods during which the employee is

on leave are to be used in making the calculation and not the periods during which

the employee has returned to work.

(5) An employer must:

(a) maintain condentiality respecting all matters that come to the employer’s

knowledge in relation to leave taken by an employee pursuant to this section;

and

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(b) not disclose information relating to the leave to any person except:

(i) employees or agents of the employer who require the information to

carry out their duties; or

(ii) with the consent of the employee to whom the leave relates.

(6) A person to whom information is disclosed pursuant to clause (5)(b) must not

disclose it to any other person unless it is to be used for the purpose for which it was

originally disclosed or for a different purpose authorized by that clause.

(7) If the employer so requires, the employee shall provide written evidence issued

by one of the persons identied in subsection 12.4(4) of The Victims of Interpersonal

Violence Act to verify the circumstances of the leave.

(8) Subject to subsection (2), an employee is entitled pursuant to this section to:

(a) paid leave for a maximum of 5 days in each period of 52 weeks at a rate

equal to:

(i) the wage the employee would have been paid had the employee worked

regular hours on the rst day of the leave; or

(ii) 5% of the employee’s total wages, not including overtime, in the four

weeks preceding the rst day of the leave if:

(A) the number of hours worked by the employee in a normal

workday varies from day to day; or

(B) the employee’s wage for regular hours of work varies from day

to day; and

(b) unpaid leave for a maximum of a further 5 days in each period of 52 weeks.

2019, c 20, s.9; 2019, c 21, s.2.

Critically ill family care leave

2‑57(1) In this section and in section 2-59.1:

(a) “critically ill adult” means a critically ill adult within the meaning of

the regulations made pursuant to the Employment Insurance Act (Canada);

(b) “critically ill child” means a critically ill child within the meaning of

the regulations made pursuant to the Employment Insurance Act (Canada);

pursuant to the regulations made pursuant to the Employment Insurance Act

(Canada).

(2) An employee is entitled to:

(a) critically ill child care leave of up to 37 weeks to provide care and support

to the employee’s critically ill child family member; and

(b) critically ill adult care leave of up to 17 weeks to provide care and support

to the employee’s critically ill adult family member.

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(3) An employee’s leave pursuant to subsection (2) ends:

(a) if the employee is no longer providing care or support to the child family

member or adult family member;

(b) 52 weeks from the date the medical certicate is issued;

may be, mentioned in subsection (2); or

(d) on the death of the employee’s child family member or adult family

member.

2019, c 20, s.9; 2020, c 14, s.6.

Crime‑related child death or disappearance leave

2‑58(1) In this section:

(a) “child” means a person who is under 18 years of age;

(b) “crime” means an offence pursuant to the Criminal Code, other than an

offence prescribed by the regulations made pursuant to paragraph 209.4(f) of

the Canada Labour Code.

(2) An employee is entitled to crime-related child death or disappearance leave of

up to 104 weeks if a child of the employee dies and it is probable, considering the

circumstances, that the child died as a result of a crime.

(3) An employee is entitled to a leave pursuant to this section of up to 52 weeks if

a child of the employee disappears and it is probable, considering the circumstances,

that the child’s disappearance is a result of a crime.

(4) An employee is not entitled to a leave pursuant to this section if the employee

is charged with the crime or if it is probable, considering the circumstances, that

the child was a party to the crime.

(5) If an employee takes a leave pursuant to this section and the circumstances

that made it probable that the child died or disappeared as a result of a crime change

and it no longer seems probable that the child died or disappeared as a result of a

crime, the employee’s entitlement to the leave ends on the day on which it no longer

seems probable.

(6) If an employee takes a leave pursuant to this section and the employee is

subsequently charged with the crime, the employee’s entitlement to the leave ends

on the day on which the employee is charged.

(7) Subject to subsection (9), if an employee takes a leave pursuant to subsection (3)

and the child is found within the 52-week period that begins in the week the child

disappears, the employee is entitled:

(a) to remain on leave for 14 days after the day the child is found, if the child

is found alive; or

(b) to take 104 weeks of leave from the day the child disappeared, if the child

is found dead, whether or not the employee is still on leave when the child is

found.

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(8) An employee may take a leave pursuant to subsection (2) only during

the 104-week period that begins in the week the child dies.

(9) Subject to subsection (7), an employee may take a leave pursuant to subsection (3)

only during the 52-week period that begins in the week the child disappears.

2013, c.S-15.1, s.2-58.

Citizenship ceremony leave

2‑59 An employee is entitled to a leave of one day to attend a citizenship ceremony

to receive a certicate of citizenship.

2013, c.S-15.1, s.2-59.

Public Health Emergency leave

2‑59.1(1) In this section, ‘chief medical health ofcer’ means the person

designated as chief medical health ofcer pursuant to The Public Health Act, 1994.

(2) This section applies if either:

(a) a public health emergency has been determined by the World Health

Organization and the chief medical health ofcer has issued an order declaring:

(i) that the public health emergency applies to Saskatchewan; and

(ii) that individuals in Saskatchewan must take measures to prevent or

reduce the spread of disease, including isolating themselves from other

individuals; or

(b) the chief medical health ofcer issues an order declaring that, in the

opinion of the chief medical health ofcer, a disease present in Saskatchewan

is sufciently harmful to the public health that individuals in Saskatchewan

must take measures to prevent or reduce the spread of disease, including

isolating themselves from other individuals.

(3) If the chief medical health ofcer determines that the measures set out in

an order issued pursuant to subsection (2) are no longer necessary, the chief

medical health ofcer may issue an order terminating the order made pursuant to

subsection (2).

(4) If the chief medical health ofcer has issued an order pursuant to subsection (2)

or (3):

(a) the chief medical health ofcer shall immediately provide a copy of the

order to the minister; and

(b) the minister shall cause the order:

(i) to be printed in the Gazette; and

(ii) to be published in any manner the minister considers necessary to

bring the order to the attention of the public, including publishing it on

the ministry’s website.

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(5) An employee is entitled to a public health emergency leave for the period during

which an order of the chief medical health ofcer issued pursuant to subsection (2)

is in force if:

(a) any of the following have directed employees to isolate themselves to

prevent or reduce the spread of the disease that is the subject of the order:

(i) the employer of the employees;

(ii) a duly qualied medical practitioner;

(iii) the Government of Saskatchewan;

(iv) the chief medical health ofcer; or

(b) the employee is required to provide to care and support to the employee’s

child family member who is affected by a direction or order of the Government

of Saskatchewan or an order of the chief medical health ofcer.

(6) Employees are entitled to be paid their regular wages and are entitled to their

regular benets during the period mentioned in subsection (5) if:

(a) they are authorized by their employer to work at home during that period;

(b) they comply with the measures set out in the order of the chief medical

health ofcer; and

pursuant to subsection (7).

(7) Notwithstanding any other provision of this Part or the regulations or any

other Act or law, the Lieutenant Governor in Council may make orders for the

purposes of this section, to continue through all or any part of the period mentioned

in subsection (5):

(a) suspending the application of any provision of this Part or the regulations

that deals with matters regulated by this section;

(b) amending, suspending or varying the application of any provision of

this Part or the regulations to employees and employers to whom this section

applies;

(d) respecting any additional matter or thing that the Lieutenant Governor

in Council considers necessary to facilitate the purpose of this section, the

protection of employees or the prevention or reduction of disease.

(8) The minister shall cause each order made pursuant to subsection (7):

(a) to be printed in the Gazette; and

(b) to be published in any manner the minister considers necessary to bring

the order to the attention of the public including publishing it on the ministry’s

website.

(9) A failure by the minister to give the notice required by subsection (4) or (8) does

not, by itself, invalidate an order made pursuant to that subsection.

(10) Sections 2-43 and 2-47 do not apply to an employee covered by this section.

2020, c 14, s.7.

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Subdivision 12

Layoff and Termination

Notice required

2‑60(1) Except for just cause, no employer shall lay off or terminate the employment

of an employee who has been in the employer’s service for more than 13 consecutive

weeks without giving that employee written notice for a period that is not less than

the period set out in the following Table:

Table

Employee’s Period Minimum Period

of Employment of Written Notice

more than 13 consecutive weeks but one year or less one week

more than one year but three years or less two weeks

more than three years but ve years or less four weeks

more than ve years but 10 years or less six weeks

more than 10 years eight weeks

(2) In subsection (1), “period of employment” means any period of employment

that is not interrupted by more than 14 consecutive days.

(3) For the purposes of subsection (2), being on vacation, an employment leave or

a leave granted by an employer is not considered an interruption in employment.

(4) After giving notice of layoff or termination to an employee of the length required

pursuant to subsection (1), the employer shall not require an employee to take

vacation leave as part of the notice period required pursuant to subsection (1).

2013, c.S-15.1, s.2-60.

Payments in case of layoffs or terminations

2‑61(1) If an employer lays off or terminates the employment of an employee, the

employer shall pay to the employee, with respect to the period of the notice required

pursuant to section 2-60:

(a) if the employer is not bound by a collective agreement that applies to the

employee, the greater of:

(i) the sum earned by the employee during that period of notice; and

(ii) a sum equivalent to the employee’s normal wages for that period; or

(b) if the employer is bound by a collective agreement that applies to the

employee, the entitlements provided for in the collective agreement.

(2) For the purposes of subsection (1), if the wages of an employee, not including

overtime pay, vary from week to week, the employee’s normal wages for one week are

deemed to be the equivalent of the employee’s average weekly wage, not including

overtime pay, for the 13 weeks the employee worked preceding:

(a) the date on which the notice of layoff or termination was given; or

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(b) if no notice of the layoff or termination was given:

(i) the date on which the employee was laid off or terminated; or

(ii) a date determined in the prescribed manner.

(3) If an employer lays off or terminates the employment of an employee at a remote

site, the employer shall provide transportation without cost for the employee to

the nearest point where regularly scheduled transportation services are available.

2013, c.S-15.1, s.2-61.

Notice of group termination

2‑62(1) In addition to the requirements of section 2-60 but subject to subsection (3),

an employer who intends to terminate the employment of 10 or more employees in

a workplace within any four-week period shall give written notice of that intention,

in accordance with subsection (2), to each of the following:

(a) the minister;

(b) each employee whose employment will be terminated;

employment will be terminated.

(2) The written notice required pursuant to subsection (1):

(a) must specify:

(i) the number of employees whose employment will be terminated;

(ii) the effective date or dates of their terminations; and

(iii) the reasons for the terminations; and

(b) must be given within the prescribed period.

(3) The notice required pursuant to subsection (1) may be given concurrently with

the notice required pursuant to section 2-60.

2013, c.S-15.1, s.2-62.

Employee notice re termination

2‑63(1) Subject to subsection (2), an employee who has been employed by the

employer for at least 13 consecutive weeks must give the employer written notice

of at least two weeks stating the day on which the employee is ending his or her

employment.

(2) Subsection (1) does not apply if:

(a) there is an established custom or practice in any industry respecting the

termination of employment that is contrary in whole or in part to subsection (1);

(b) an employee terminates employment because the employee’s personal

health or safety would be in danger if the employee continued to be employed

by the employer;

to perform by reason of unforeseeable or unpreventable causes beyond the

control of the employee;

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(d) the employee is temporarily laid off;

(e) the employee is laid off after refusing an offer by the employer of reasonable

alternative work;

(f) the employee is employed under an agreement by which the employee may

elect either to work or not to work for a temporary period when requested to

work by the employer; or

(g) the employee terminates the employment because of a reduction in wage

rate, overtime rate, vacation pay, public holiday pay or termination pay.

2013, c.S-15.1, s.2-63.

DIVISION 3

Priority of Wages

Interpretation of Division

2‑64 In this Division:

(a) “purchase‑money security interest” means:

(i) a security interest that is taken or reserved by a seller of personal

property to secure payment of all or part of its sale price; or

(ii) a security interest that is taken by a person who gives value for

the purpose of enabling the debtor to acquire rights in or to the personal

property, to the extent that the value is applied to acquire those rights;

(b) “security interest” means an interest in property that secures payment

or performance of an obligation.

2013, c.S-15.1, s.2-64.

Wages accruing or due to be held in trust

2‑65(1) Notwithstanding any other Act, an employer of an employee shall hold all

of the employee’s total wages due or accruing due to the employee in trust for the

employee for the payment of those wages in the manner and at the time provided

pursuant to this Part and the regulations made pursuant to this Part.

(2) If total wages are not held in trust as required pursuant to subsection (1), the

employer is deemed to hold an amount equal to the amount of the total wages in

trust for the employee.

2013, c.S-15.1, s.2-65.

Security interest on wages accruing or due

2‑66(1) Wages due or accruing due to an employee are deemed to be secured by a

security interest on the property and assets of the employee’s employer, whether or

not that property or those assets are subject to other security interests.

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(2) Subject to subsection (6), the security interest for wages mentioned in

subsection (1) is payable in priority to any other claim or right in the property or

assets, including any claim or right of the Crown, without registration or other

perfection of the deemed security interest for wages.

(3) Without limiting the generality of subsection (2), the priority mentioned in that

subsection extends over every security interest, lien, charge, enforcement charge,

judgment, encumbrance, mortgage, assignment, including an assignment of book

debts, debenture or other security, whether perfected within the meaning of The

Personal Property Security Act, 1993 or not, made or given, accepted or issued before

or after the wages accrued due.

(4) Notwithstanding subsection (2), the charge mentioned in that subsection does

not take priority over the following:

(a) a purchase-money security interest that is:

(i) taken before the wages’ accruing due; and

(ii) registered in accordance with the requirements of The Personal

Property Security Act, 1993;

(b) a mortgage of real property granted by an employer before the wages’

accruing due;

or pursuant to a mortgage back arrangement or the interest of a person who

gives value for the purpose of enabling an employer to acquire rights in real

property, to the extent that the value is applied to acquire those rights.

(5) Without limiting the application of subsections (1) to (3), a security interest

for wages may be registered in the Personal Property Registry continued pursuant

to The Personal Property Security Act, 1993.

(6) The payment priority set out in subsection (2) is subject to section 15.1 of The

Enforcement of Maintenance Orders Act, 1997.

2013, c.S-15.1, s.2-66.

Employees wages paid if assets of employer are insufcient

2‑67(1) Subject to subsection (2), if an employer has failed or neglected to hold

wages in trust as provided by section 2-65 and the assets of the employer are

not sufcient to pay in full the trust moneys owing to each of the employees, the

employees shall share amongst themselves the assets of the employer on a pro rata

basis.

(2) A corporate director who is an employee of the corporation is not entitled to

the benet provided to employees by this section or sections 2-65 and 2-66 until

the claims for wages of the other employees of the corporation have been satised.

2013, c.S-15.1, s.2-67.

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Corporate directors liable for wages

2‑68(1) Subject to subsection (2), notwithstanding any other provision of this Act

or any other Act, the corporate directors of an employer are jointly and severally

liable to an employee for all wages due and accruing due to the employee but not

paid while they are corporate directors.

(2) The maximum amount of a corporate director’s liability pursuant to

subsection (1) to an employee is six months’ wages of the employee.

(3) Subject to subsections (4) and (5), a corporate director’s liability pursuant to this

section is payable in priority to any other unsecured claim or right in the corporate

director’s property or assets, including any claim or right of the Crown.

(4) The payment priority set out in subsection (3) is subject to section 15.1 of The

Enforcement of Maintenance Orders Act, 1997.

(5) A corporate director who is an employee of the corporation is not entitled to

the benet provided to employees by subsection (3).

2013, c.S-15.1, s.2-68.

Responsibility of certain employers and contractors

re wages of subcontractor’s employees

2‑69(1) If an employer or a contractor contracts with any other person for the

performance of all or part of the employer’s or contractor’s work, the employer or

contractor shall provide by the contract that the employees of that other person

must be paid the wages to which they are entitled according to law.

(2) If the other person mentioned in subsection (1) fails to pay the wages as

mentioned in that subsection, the employer or contractor, as the case may be, is

liable to the employees to the extent of the work performed under the contract as

if the employees were employed by the employer or contractor.

2013, c.S-15.1, s.2-69.

DIVISION 4

Demand on Third Party and Moneys Owing to Crown

Demand

2‑70(1) In this Division and in Division 5:

(a) “employer” includes a corporate director of an employer who is liable

for wages pursuant to section 2-68;

(b) “third party” means a person who has been served with a demand;

made pursuant to this Part.

(2) Subject to the regulations made pursuant to this Part, the director of

employment standards may serve a demand on a person if the director has knowledge

or reasonable grounds to believe or suspects that:

(a) an employer has failed or is likely to fail to pay wages to an employee as

required by this Part; and

(b) the person on whom the demand is served is or is about to become indebted

to or liable to pay money to the employer.

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(3) Subject to subsection (4), a demand must require the payment of the lesser of:

(a) the amount owed by a third party to the employer; and

(b) the amount specied in the demand.

(4) The amount required by a demand to be paid to the director of employment

standards must not exceed the director’s estimate of the total amount of all wage

claims against the employer.

(5) If a demand is served on a third party in relation to a debt or account that is

owned by the employer and one or more other persons as joint or joint and several

owners, each co-owner is deemed to own an equal and separate share in the debt

or account.

(6) Service of a demand on a third party:

(a) binds, to the extent of the amount set out in the demand, any debt or

account due when the demand is served or accruing due while the demand is

in force:

(i) to the employer from the third party; or

(ii) if subsection (5) applies, to the employer from the third party, to the

extent outlined in subsection (5); and

(b) requires the third party to inform the director of employment standards

within the period or periods set out in the demand whether any money is

owing to the employer or will become owing to the employer during the period

of the demand.

(7) Subject to subsection (8), if a debt or account mentioned in subclause (6)(a)(ii)

is attached by the demand:

(a) the third party shall promptly inform the director of employment standards

of the following:

(i) that the debt or account is co-owned by the employer and one or more

other persons as joint or joint and several owners;

(ii) the names of and contact information for all persons who are

co-owners of the debt or account; and

(b) the third party shall promptly inform all persons having co-ownership of

the debt or account of the demand.

(8) The director of employment standards, the employer or any person identied

by the third party as a co-owner may, within 15 business days after the seizure of

the debt or account, apply to the Court of Queen’s Bench for an order of the court:

(a) determining one or both of the following:

(i) that the portion of the debt or account attributable to the employer

or to the person identied by the third party as a co-owner is greater or

less than the amount determined in accordance with subsection (5);

(ii) that the employer or any person identied by the third party as a

co-owner is not a co-owner of the debt or account; and

(b) determining any other matter and doing any other thing that the court

considers necessary or appropriate.

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(9) The onus is on the person who brings the application pursuant to subsection (8)

to establish:

(a) that the share in the debt or account is other than that set out in

subsection (5); or

(b) that the employer or other person is not a co-owner of the debt or account.

(10) The director of employment standards may serve a demand pursuant to this

section notwithstanding that:

(a) the director has not issued a wage assessment against the employer; or

(b) a wage assessment has been issued and:

(i) the appeal period has not expired; or

(ii) the person against whom the wage assessment was issued has

commenced an appeal and:

(A) the appeal is still pending; or

(B) the appeal has been dismissed in whole or in part.

(11) Unless it is revoked by the director of employment standards, a demand

remains in force for:

(a) 90 days after the day on which the demand is served; or

(b) any longer period that the director may specify in the demand.

(12) The director of employment standards may serve a further demand on the

same third party.

(13) Any money paid to the director of employment standards by the third party

extinguishes the liability of the third party:

(a) to the employer, to the extent of the payment and the employer’s interest;

and

(b) if the amount paid exceeds the interest of the employer, to a co-owner to

the extent of the excess payment and the co-owner’s interest.

(14) If a third party is served with a demand and subsequently discharges any

liability to the employer or fails to comply with the demand, the third party is liable

to the director of employment standards to the extent of the lesser of:

(a) the amount of liability discharged to the employer; and

(b) the amount specied in the demand.

(15) The amount mentioned in clause (14)(a) or (b) may be recovered from the third

party by the director of employment standards by:

(a) ling a certicate in accordance with section 2-77, and that section applies,

with any necessary modication, to that certicate; or

(b) issuing a demand in accordance with this section, and this section applies,

with any necessary modication, to that demand.

2013, c.S-15.1, s.2-70.

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Demand re moneys owing by the Crown and public agencies

2‑71(1) In this section, “Crown” includes a ministry, department, agency, board

and other body of the Government of Saskatchewan and a Crown corporation.

(2) A demand pursuant to section 2-70 may be served on the Crown.

(3) Subsections 2-70(14) and (15) do not apply to the Crown.

(4) For the purposes of applying section 2-70 to the Crown, only the following

amounts owed by the Crown are subject to seizure:

(a) subject to subsection (5), amounts due to a person for commercial goods

or services acquired by the Crown in the ordinary course of business;

(b) amounts due to a person pursuant to The Saskatchewan Medical Care

Insurance Act;

(5) Without limiting the generality of subsection (4), the following amounts are

not subject to seizure:

(a) amounts due to any person pursuant to a funding agreement for the

delivery of programs funded by the Crown;

(b) payments made pursuant to The Saskatchewan Assistance Act;

(d) amounts due by the Crown to a municipality.

2013, c.S-15.1, s.2-71.

How moneys received by the director are to be handled

2‑72(1) If the director of employment standards receives moneys pursuant to a

demand that is served after a wage assessment is issued, the director shall:

(a) if the employer and the employees agree on the amount of the unpaid

wages owing to the employees, pay to the employees the amount agreed on;

(b) if the employer does not appeal the wage assessment, pay to the employees

the amount of their outstanding wages, or a pro rata share if the amount

received is not sufcient to pay the full amount, after the expiration of the

appeal period; or

amount of their outstanding wages, or a pro rata share if the amount received

is not sufcient to pay the full amount, on the nal determination of the appeal.

(2) Subject to subsection (3), if the director of employment standards issues a

demand before issuing a wage assessment against the employer, the director shall,

promptly after receiving moneys pursuant to the demand:

(a) if the employer and the employees agree on the amount of the unpaid

wages owing to the employees, pay to the employees the amount agreed on; and

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(b) if the employer and the employees do not agree on the amount of the

unpaid wages owing to the employees, issue a wage assessment against the

employer and:

(i) if the employer does not appeal the wage assessment, pay to the

employees the amount of their outstanding wages, or a pro rata share

if the amount received is not sufcient to pay the full amount, after the

expiration of the appeal period; or

(ii) if the employer appeals the wage assessment, pay to the employees

the amount of their outstanding wages, or a pro rata share if the amount

received is not sufcient to pay the full amount, on the nal determination

of the appeal.

(3) Subsection (2) does not apply to a demand issued in accordance with

clause 2-70(15)(b) or subsection 2-92(4).

2013, c.S-15.1, s.2-72.

Dispute of liability of person who received demand

2‑73(1) If a third party who receives a demand issued in accordance with

subsection 2-70(2) disputes his or her liability to an employer, the third party may

apply to a judge of the Court of Queen’s Bench to set aside the demand.

(2) On an application pursuant to subsection (1), the Court of Queen’s Bench may

determine the following with respect to the third party who received the demand:

(a) whether the person is under a legal obligation to honour the demand;

(b) whether the person is entitled to set off a claim or obligation against the

money or liability seized;

time within which payment must be made.

2013, c.S-15.1, s.2-73.

DIVISION 5

Wage Assessments, Appeals, Certicates, Collections

Wage assessments

2‑74(1) In this Division, “adjudicator” means an adjudicator selected pursuant

to subsection 4-3(3).

(2) If the director of employment standards has knowledge or has reasonable

grounds to believe or suspects that an employer has failed or is likely to fail to pay

wages as required pursuant to this Part, the director may issue a wage assessment

against either or both of the following:

(a) the employer;

(b) subject to subsection (3), a corporate director.

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(3) The director of employment standards may only issue a wage assessment

against a corporate director if the director has knowledge or has reasonable grounds

to believe or suspects that the corporate director is liable for wages in accordance

with section 2-68.

(4) Repealed. 2020, c 12, s.5.

(5) Repealed. 2020, c 12, s.5.

(6) If the director of employment standards has issued a wage assessment pursuant

to subsection (2), the director shall cause a copy of the wage assessment to be served

on:

(a) the employer or corporate director named in the wage assessment; and

(b) each employee who is affected by the wage assessment.

(7) A wage assessment must:

(a) indicate the amount claimed against the employer or corporate director;

(b) direct the employer or corporate director to, within 15 business days after

the date of service of the wage assessment:

(i) pay the amount claimed; or

(ii) commence an appeal pursuant to section 2-75; and

from a third party pursuant to a demand issued pursuant to Division 4, set out

the amount paid to the director of employment standards by the third party.

(8) The director of employment standards may, at any time, amend or revoke a

wage assessment.

2013, c.S-15.1, s.2-74; 2016 c 17 s 4; 2020, c 12,

s.5.

Commencement of appeal to adjudicator

2‑75(1) Any of the following may appeal a wage assessment:

(a) an employer or corporate director who disputes liability or the amount

set out in the wage assessment;

(b) an employee who disputes the amount set out in the wage assessment.

(2) An appeal pursuant to this section must be commenced by ling a written notice

of appeal with the director of employment standards within 15 business days after

the date of service of a wage assessment.

(3) The written notice of appeal led pursuant to subsection (2) must:

(a) set out the grounds of the appeal; and

(b) set out the relief requested.

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(4) If the appellant is an employer or a corporate director, the employer or corporate

director shall, as a condition of being eligible to appeal the wage assessment,

deposit with the director of employment standards the amount set out in the wage

assessment or any other prescribed amount.

(5) The amount mentioned in subsection (4) must be deposited before the expiry

of the period during which an appeal may be commenced.

(6) Subsections (4) and (5) do not apply if moneys that meet the amount of the wage

assessment or the prescribed amount have been paid to the director of employment

standards pursuant to a demand mentioned in section 2-70.

(7) An appeal led pursuant to subsection (2) is to be heard by an adjudicator in

accordance with Part IV.

(8) On receipt of the notice of appeal and deposit required pursuant to subsection (4),

the director of employment standards shall forward to the adjudicator:

(a) a copy of the wage assessment; and

(b) a copy of the written notice of appeal.

(9) The copy of the wage assessment provided to the adjudicator in accordance with

subsection (8) is proof, in the absence of evidence to the contrary, that the amount

stated in the wage assessment is due and owing, without proof of the signature or

ofcial position of the person appearing to have signed the wage assessment.

(10) On the nal determination of an appeal, the amount deposited pursuant to

subsection (4):

(a) must be returned if the employer or corporate director is found not to be

liable for the wages; or

(b) must be applied to the wage claims of the employees if the determination

is in favour of the employees in whole or in part and, if there is any part of the

amount remaining after being applied to those wage claims, the remaining

amount must be returned to the employer or corporate director.

2013, c.S-15.1, s.2-75.

Hearings for certain claims

2‑76(1) In this section, “proceeding” includes a proceeding authorized by another

Act, a civil proceeding or a grievance under a collective agreement.

(2) This section applies to a complaint by an employee that an employer has:

(a) failed to comply with the obligation to pay equal pay in accordance with

section 2-21; or

(b) acted contrary to section 2-42.

(3) On receipt of a complaint pursuant to subsection (2), the director of employment

standards may assign an employment standards ofcer to investigate the complaint.

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(4) If the employment standards ofcer assigned pursuant to subsection (3)

advises the director of employment standards that there is merit to the complaint,

the director may:

(a) attempt to resolve the complaint; or

(b) refer the complaint to an adjudicator to be heard in accordance with

Part IV.

(5) Notwithstanding subsection (3), the director of employment standards may

refuse to investigate or deal with a complaint if the director is of the opinion that,

having regard to all the circumstances of the complaint, a hearing of the complaint

is not warranted.

(6) The director of employment standards may, at any time after a complaint is

made, defer further action if another proceeding, in the opinion of the director, is

more appropriate having regard to the nature of the allegations and the remedies

available in the other proceeding.

(7) Notwithstanding any other provision of this Part or Part IV, there is no appeal of

a decision of the director of employment standards taken pursuant to subsection (5)

or (6).

2013, c.S-15.1, s.2-76.

Director’s certicate

2‑77(1) Subject to subsection (2), the director of employment standards may issue

a certicate setting out the amount of wages owed to employees if:

(a) a period of 15 business days has elapsed after the date of service of a

wage assessment and no notice of appeal has been served on the director in

accordance with section 2-75; or

(b) the adjudicator, the board or the Court of Appeal has upheld all or a

portion of the wage assessment.

(2) The amount of wages owing set out in a certicate issued pursuant to

subsection (1) must be the amount that is:

(a) set out in the wage assessment or is the portion of that amount that

remains to be paid to the employees;

(b) acknowledged in writing as owing by the employer or corporate director; or

(3) The director of employment standards may issue a certicate setting out the

amount of a third party’s liability to the director pursuant to subsection 2-70(14).

2013, c.S-15.1, s.2-77.

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Filing certicate in Court of Queen’s Bench

2‑78(1) A certicate issued pursuant to section 2-77 may be led with a local

registrar of the Court of Queen’s Bench.

(2) A certicate led pursuant to subsection (1) has the same force and effect as if

it were a judgment obtained in the Court of Queen’s Bench for the recovery of a debt.

2013, c.S-15.1, s.2-78.

Enforcement of judgment

2‑79 The director of employment standards may take the actions the director

considers appropriate to enforce a judgment against an employer, corporate director

or third party or to collect moneys owing to the Crown pursuant to this Part.

2013, c.S-15.1, s.2-79.

DIVISION 6

General

Subdivision 1

Administration

Director of employment standards

2‑80(1) The minister shall appoint an employee of the ministry as director of

employment standards.

(2) The director of employment standards may delegate to any person the exercise

of any powers given to the director and the fullling of any responsibilities imposed

on the director pursuant to this Act or any other Act.

(3) The director of employment standards may impose any terms and conditions

on a delegation pursuant to this section that the director considers appropriate.

2013, c.S-15.1, s.2-80.

Appointment of employment standards ofcers

2‑81(1) The minister may appoint any employees of the ministry or category

of employees of the ministry as employment standards ofcers for the purpose

of enforcing this Part, the regulations made pursuant to this Part and any other

prescribed Acts and prescribed regulations.

(2) The minister may set any limit or condition on any appointment pursuant to

subsection (1) that the minister considers reasonable.

2013, c.S-15.1, s.2-81.

Written credentials for employment standards ofcers

2‑82 The minister shall provide each employment standards ofcer with written

credentials of the ofcer’s appointment, and the employment standards ofcer shall

produce those credentials on request when exercising or seeking to exercise any of

the powers conferred on the ofcer by this Part or the regulations made pursuant

to this Part.

2013, c.S-15.1, s.2-82.

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Inspection

2‑83(1) Subject to subsection (5), an employment standards ofcer may enter

any premises, place of employment, workplace or other place where records of

employment are kept and conduct an inspection for the purpose of:

(a) making an inquiry in response to a complaint of an employee; or

(b) determining whether there is compliance with this Part, the regulations

made pursuant to this Part, any authorization issued pursuant to this Part

or any Acts or regulations mentioned in subsection 2-81(1).

(2) An inspection may be conducted at any reasonable time.

(3) When conducting an inspection in accordance with subsection (1) or enforcing a

certicate, decision, order or judgment for wages, an employment standards ofcer

may do all or any of the following things:

(a) make any inquiry the ofcer considers appropriate;

(b) require the production of, inspect and make copies of any books, records,

papers or documents or of any entry in those books, records, papers or

documents required to be kept by this Part or the regulations made pursuant

to this Part;

considers necessary to ascertain whether this Part, the regulations made

pursuant to this Part, any authorization issued pursuant to this Part or any

Acts or regulations mentioned in subsection 2-81(1) are being or have been

complied with:

(i) within a period stated by the ofcer;

(ii) at a place designated by the ofcer; and

(iii) in a form acceptable to the ofcer;

(d) require any person to provide the ofcer with all reasonable assistance,

including using any computer hardware or software or any other data storage,

processing or retrieval device or system to produce information;

(e) in order to produce information and records mentioned in this subsection,

use any computer hardware or software or any other data storage, processing

or retrieval device or system that is used by the person required to deliver the

information and records;

(f) subject to subsection (6), remove any books, records, papers or documents

examined pursuant to this section for the purpose of making copies where a

copy is not readily available, if a receipt is given.

(4) Without limiting the generality of subsection (3), for the purposes of enforcing a

judgment for wages, an employment standards ofcer may demand from any person,

including a judgment debtor, the Crown or any other public body, any information

that pertains to the judgment debtor and that is within the knowledge of, or is in

any records in the possession or control of, the person, the judgment debtor, the

Crown or public body, as the case may be, including:

(a) the legal name of the judgment debtor;

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(b) the location and address of the judgment debtor;

(d) the wages, salary and other income of the judgment debtor;

(e) the assets of the judgment debtor and any property in which the judgment

debtor may have an interest and any relevant information about those assets

or that property;

(f) any other information that may reasonably assist with enforcing the

judgment.

(5) An employment standards ofcer shall not enter a private dwelling without a

warrant issued pursuant to section 2-84 unless the occupant of the dwelling consents

to the entry.

(6) An employment standards ofcer who removes any books, records, papers or

documents pursuant to this section for the purpose of making copies shall:

(a) make those copies as soon as is reasonably possible; and

(b) promptly return the books, records, papers or documents from which the

copies were made to:

(i) the place from which they were removed; or

(ii) any other place that may be agreed to by the ofcer and the person

who produced them.

2013, c.S-15.1, s.2-83.

Investigations

2‑84(1) If a justice or a provincial court judge is satised by information under

oath that there are reasonable grounds to believe that an offence against this Part

or the regulations made pursuant to this Part, any authorization issued pursuant

to this Part or any Acts or regulations mentioned in subsection 2-81(1) has occurred

and that evidence of that offence is likely to be found, the justice or the provincial

court judge may issue a warrant to do all or any of the following:

(a) enter and search any place, premises or vehicle named in the warrant;

(b) stop and search any vehicle;

that may be evidence of an offence against this Part, the regulations made

pursuant to this Part, any authorization issued pursuant to this Part or any

Acts or regulations mentioned in subsection 2-81(1);

(d) carry out any other activities mentioned in subsection (2).

(2) With a warrant issued pursuant to subsection (1), an employment standards

ofcer may:

(a) enter at any time and search any place, premises or vehicle named in

the warrant;

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(b) require the production of and examine any records or property that the

ofcer believes, on reasonable grounds, may contain information related to

an offence against this Part, the regulations made pursuant to this Part, any

authorization issued pursuant to this Part or any Acts or regulations mentioned

in subsection 2-81(1); and

to this section.

(3) Subject to subsection (4), an employment standards ofcer may exercise all or

any of the powers mentioned in subsection (2) without a warrant issued pursuant

to subsection (1) if:

(a) the conditions for obtaining a warrant exist; and

(b) the ofcer has reasonable grounds to believe that the delay necessary to

obtain a warrant would result in the loss, removal or destruction of evidence.

(4) An employment standards ofcer shall not enter any private dwelling without

the consent of the occupant or a warrant issued pursuant to this section.

2013, c.S-15.1, s.2-84.

Fee re wage assessments

2‑85(1) If the director of employment standards issues a wage assessment pursuant

to section 2-74 against an employer or a corporate director and the wage assessment

is not appealed or is upheld on appeal, the person against whom the wage assessment

is issued is liable to pay to the Crown a fee in the prescribed amount.

(2) If a person who is liable to pay the fee mentioned in subsection (1) fails to pay

that fee within the prescribed time, the director of employment standards may issue

a certicate setting out the amount of the fee.

(3) A certicate issued pursuant to subsection (2) may be led with a local registrar

of the Court of Queen’s Bench.

(4) A certicate led pursuant to subsection (3) has the same force and effect as if

it were a judgment obtained in the Court of Queen’s Bench for the recovery of a debt.

(5) Without restricting the application of section 2-79, for the purposes of enforcing

a certicate issued pursuant to this section, the director of employment standards

may issue a demand in accordance with section 2-70, and that section applies, with

any necessary modication, for the purposes of this section.

2013, c.S-15.1, s.2-85.

Compliance audits and audit fees

2‑86(1) If the director of employment standards is satised that an employer has

been regularly breaching the provisions of this Part, the regulations made pursuant

to this Part, any authorization issued pursuant to this Part or any Acts or regulations

mentioned in subsection 2-81(1), the director may require that a compliance audit

be conducted:

(a) by an employment standards ofcer; or

(b) by a person who the director is satised has the necessary skills to conduct

the audit.

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(2) Section 2-83 applies, with any necessary modication, to a compliance audit

conducted in accordance with this section.

(3) If the compliance audit discloses multiple breaches of the requirements

imposed on employers by this Part, the regulations made pursuant to this Part, any

authorization issued pursuant to this Part or any Acts or regulations mentioned in

subsection 2-81(1), the director of employment standards may charge the employer:

(a) a prescribed amount for an audit conducted by an employment standards

ofcer; or

(b) the amount charged by the person appointed in accordance with

clause (1) (b).

(4) Section 2-85 applies, with any necessary modication, to the enforcement of

the amount charged pursuant to this section.

2013, c.S-15.1, s.2-86.

Director has standing as representative of employees

2‑87(1) The director of employment standards:

(a) has standing to make a representation on behalf of the Government of

Saskatchewan or to represent any or all employees of an employer:

(i) in proceedings respecting an appeal of a wage assessment or a hearing

mentioned in sections 2-75 and 2-76 before an adjudicator, the board or

a court;

(ii) in proceedings pursuant to any other Act or any Act of the Parliament

of Canada with respect to claims for unpaid wages; and

(b) may apply to a court to intervene in proceedings involving claims by or

against employees, if in the opinion of the director the proceedings raise an

issue of general importance to the rights and responsibilities of employers or

employees.

(2) Subsection (1) does not require the director of employment standards to

represent employees in any proceedings.

(3) In exercising the power set out in subsection (1), the director of employment

standards shall act in a reasonable manner.

2013, c.S-15.1, s.2-87 2019, c 20, s.10.

Negotiation and settlement by director of employment standards

2‑88 Notwithstanding any other provision of this Part, the director of employment

standards may:

(a) negotiate and settle any difference pursuant to this Part between:

(i) an employer or corporate director; and

(ii) an employee; and

(b) receive moneys on behalf of the employee in settlement of the difference

mentioned in clause (a).

2013, c.S-15.1, s.2-88.

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Time limits for claims to director of employment standards

2‑89(1) A claim pursuant to this Part with respect to unpaid wages must be made

to the director of employment standards:

(a) within 12 months after the last day on which payment of wages was to be

made to an employee and the employer failed to make the payment; or

(b) if employment with the employer has ended, within 12 months after the

last day on which any nal payment of wages was to be made to the employee.

(2) Recovery of wages pursuant to this Part is limited:

(a) to wages that became payable in the 12 months preceding the day on which

the claim was made to the director of employment standards; or

(b) if the employment with the employer has ended, to wages that became

payable within the last 12 months of employment with that employer.

(3) Other than with respect to a claim mentioned in subsection (1), a complaint

respecting an alleged contravention of this Part, the regulations made pursuant to

this Part, any authorization issued pursuant to this Part or any Acts or regulations

mentioned in subsection 2-81(1) must be made to the director of employment

standards within 12 months after the date on which the complainant knew or,

in the opinion of the director, ought reasonably to have known about the alleged

contravention.

2013, c.S-15.1, s.2-89.

Director of employment standards to keep records of moneys paid pursuant to this Part

2‑90(1) The director of employment standards shall keep a record of:

(a) all moneys paid to the director by employers and corporate directors, and

all moneys received, pursuant to demands and actions to enforce payments

pursuant to this Part; and

(b) all moneys paid by the director to employees, employers or corporate

directors.

(2) If money received by the director of employment standards on behalf of an

employee has not been paid to the employee concerned because the director has

been unable to ascertain the whereabouts of the employee, and the employee does

not claim it within a period of two years after the date of its receipt by the director,

the money, on the order of the minister:

(a) becomes the property of the Crown; and

(b) must be paid into the general revenue fund.

2013, c.S-15.1, s.2-90.

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Posting of documents

2‑91(1) The director of employment standards may require that an employer post

in a workplace all or a portion of this Part, the regulations made pursuant to this

Part, any authorization issued pursuant to this Part or any other documents that

the director considers appropriate.

(2) No employer shall fail to comply with a requirement imposed on the employer

pursuant to subsection (1).

2013, c.S-15.1, s.2-91.

Enforcement of extraprovincial judgments

2‑92(1) Notwithstanding any other Act, the director of employment standards may

le a certied copy of a nal order or judgment for the payment of wages made by

any court or statutory authority in any other province or territory of Canada in the

ofce of a local registrar of the Court of Queen’s Bench.

(2) A copy of any order made by a court or statutory authority mentioned in

subsection (1) purporting to be certied as a true copy by the presiding ofcer, judge

or secretary of the court or statutory authority is admissible in evidence as proof of

the order without proof of the appointment or signature of the person so certifying.

(3) On being led pursuant to subsection (1), the nal order or judgment is

enforceable in the same manner as any other judgment or order of the Court of

Queen’s Bench.

(4) For the purpose of enforcing orders or judgments mentioned in subsection (3),

the director of employment standards may issue demands in accordance with

section 2-70 and that section applies, with any necessary modication, for the

purposes of this section.

2013, c.S-15.1, s.2-92.

Application to set aside led orders and judgment

2‑93(1) If an order or judgment has been led pursuant to section 2-92, the person

against whom the order or judgment was made may apply to the Court of Queen’s

Bench to have the ling set aside.

(2) An application pursuant to subsection (1) must be made within:

(a) one month after the person against whom the order or judgment was

made has had notice of the ling; or

(b) any further time that the Court of Queen’s Bench may allow pursuant

to subsection (3).

(3) On an application by the person against whom the order or judgment was made

and on any terms it considers just and equitable, the Court of Queen’s Bench may

extend the time within which an application may be made pursuant to subsection (1).

(4) An order to extend the time may be made pursuant to subsection (3)

notwithstanding that the time within which an application pursuant to subsection (1)

may be made expired before an application for extension was made pursuant to

subsection (3).

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(5) On an application pursuant to subsection (1), the Court of Queen’s Bench may

set aside the ling of the order or judgment if the court is satised that:

(a) the court or statutory authority in the other province or territory did

not have territorial competence over the person against whom the order or

judgment was made; or

(b) the order or judgment was obtained by fraud.

(6) If, on an application pursuant to subsection (1) it is established to the satisfaction

of the Court of Queen’s Bench that an appeal is pending in the other jurisdiction,

the court may make any order that it considers appropriate.

2013, c.S-15.1, s.2-93.

The Pension Benets Act, 1992 to prevail

2‑94 If there is a conict between any provision of this Part and The Pension

Benets Act, 1992 or any regulations made pursuant to that Act, that Act or those

regulations prevail.

2013, c.S-15.1, s.2-94.

Subdivision 2

Offences and Penalties

Offences

2‑95(1) No person shall:

(a) in the case of an employer:

(i) fail to pay an employee:

(A) the wages owing to the employee in the time and manner

required pursuant to this Part, the regulations made pursuant to

this Part or any authorization issued pursuant to this Part; or

(B) the total wages to which the employee is entitled in accordance

with the employee’s contract of employment or with a collective

agreement that applies to the employee;

(ii) take discriminatory action against an employee for any reason

prohibited by this Part;

(iii) make a deduction from wages that is not authorized or allowed by

this Part or the regulations made pursuant to this Part;

(iv) fail to keep true and accurate records as required pursuant to this

Part or the regulations made pursuant to this Part;

(v) fail to provide a statement of earnings to an employee that satises

the requirements of this Part or the regulations made pursuant to this

Part; or

(vi) fail to provide records in the time and manner required by an

employment standards ofcer;

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(b) intentionally delay or obstruct the director of employment standards or

an employment standards ofcer in the exercise of his or her powers or the

performance of his or her duties;

or an employment standards ofcer in the exercise of his or her powers or the

performance of his or her duties;

(d) fail to comply with any provision of this Part, any regulations made

pursuant to this Part or any authorization issued pursuant to this Part.

(2) Every person who contravenes a provision of subsection (1) is guilty of an offence

and liable on summary conviction:

(a) subject to clause (b), to a ne of not more than $10,000; and

(b) in the case of an offence that is committed within six years after the person

is convicted of any offence:

(i) to a ne of not more than $25,000 for a second offence; and

(ii) to a ne of not more than $50,000 for a third or subsequent offence.

2013, c.S-15.1, s.2-95.

Order to pay wages or deliver records and information

2‑96(1) Subject to subsection (3), if a person is convicted of an offence respecting

the failure to pay wages, the convicting court may, in addition to any ne imposed

by the court, order the person to pay the unpaid employee the amount of the wages

to which the employee is entitled:

(a) immediately; or

(b) on those terms and conditions that the court directs.

(2) If an employer is convicted of an offence for failing to keep or deliver up for

inspection any records or information as required or directed, the convicting judge

may, in addition to any ne imposed, order the employer to immediately prepare and

deliver to the director of employment standards those records or that information.

(3) The convicting court may reduce the amount of an award pursuant to this

section by an amount that the convicting court is satised that the employee earned

or should have earned during the period when the employer or corporate director

was required to pay the employee the wages.

(4) The employer or corporate director has the onus of establishing the amount by

which an award should be reduced in accordance with subsection (3).

2013, c.S-15.1, s.2-96.

Additional powers of convicting court

2‑97(1) If an employer is convicted of failure to grant an employment leave or

of failure to reinstate an employee in his or her former employment after the

employment leave, the convicting court may, in addition to any other penalty imposed

for the offence, order the employer:

(a) if the conviction is for failure to grant an employment leave, to immediately

grant to the employee the leave that the employer ought to have granted; or

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(b) if the conviction is for failing to reinstate an employee in his or her former

employment after the employee has been granted employment leave:

(i) to reinstate the employee in his or her former employment under the

same terms and conditions in which he or she was formerly employed; and

(ii) to pay to the employee his or her wages retroactive to the date that

the convicting judge determines that the employee ought to have been

reinstated in his or her former employment pursuant to this Part.

(2) If an employer is convicted of failure to modify duties or reassign an employee

because of the employee’s disability or pregnancy, the convicting court may, in

addition to any other penalty imposed for the offence, order the employer to reassign

the employee to other duties or to modify the employee’s duties so as to accommodate

the employee’s disability or pregnancy in a reasonable manner.

(3) If an employer is convicted of taking discriminatory action against an employee

contrary to this Part, the convicting court may, in addition to any other penalty

imposed, order the employer to do all or any of the following:

(a) to reinstate the employee in the former employment under the same terms

and conditions in which the employee was formerly employed;

(b) to pay to the employee the wages of the employee retroactive to the date

that the discriminatory action was taken against the employee;

2013, c.S-15.1, s.2-97; 2020, c 12, s.6.

Limitation on prosecutions

2‑98 No prosecution with respect to an alleged offence pursuant to this Part or

to the regulations made pursuant to this Part is to be commenced after two years

from the day of the commission of the alleged offence.

2013, c.S-15.1, s.2-98.

DIVISION 7

Regulations

Regulations for Part

2‑99 The Lieutenant Governor in Council may make regulations:

(a) exempting any employer or category of employers from any or all of the

provisions of this Part, conditionally or unconditionally;

(b) exempting any employee or category of employees from any or all of the

provisions of this Part, conditionally or unconditionally;

to clause (a) or (b) applies;

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(d) imposing terms and conditions applicable to any employer or employee

or category of employers or employees exempted pursuant to clause (a) or (b),

including terms and conditions prescribing the number of hours that an

employee or category of employees may be required or permitted to work or to

be at the disposal of his or her employer without the employer being required

to pay the employee or category of employees additional wages pursuant to

Subdivision 3 of Division 2;

(e) for the purposes of clause 2-1(f), prescribing activities;

(f) for the purposes of clause 2-3(1)(a), prescribing provisions of this Part

that apply or do not apply to employees, employers or categories of employees

or employers;

(g) for the purposes of section 2-16:

(i) prescribing the amount of the minimum wage or prescribing the

manner in which the minimum wage is to be determined; and

(ii) prescribing the minimum sum to be paid when an employee reports

for duty or prescribing the manner in which that minimum sum is to be

determined;

(g.1) subject to any other Act, xing the minimum age at which employees

may be employed in any class of employment;

(g.2) requiring every employer in any class of employment to provide, repair

and launder without charge to his or her employee any uniform or special

article of wearing apparel that the employer requires the employee to wear;

(g.3) requiring that, if an employer grants a rest period to an employee, the

employee shall be deemed to have worked during the whole of the period;

(g.4) xing the maximum price to be charged to an employee by an employer,

or the maximum deduction from the wages of an employee to be made by an

employer, for living quarters in circumstances where the employer furnishes

permanent or temporary living quarters to an employee:

(i) whether or not the living quarters are self-contained; and

(ii) whether or not the living quarters are in the general possession and

custody of the employer;

(g.5) requiring that, if an employee or a member of a class of employees is

required or permitted to nish work between the hours of half past twelve

o’clock in the morning and seven o’clock in the morning local time, the employer

shall provide the employee with free transportation to the employee’s place

of residence;

(h) authorizing the director of employment standards to conduct a vote of

employees before issuing an authorization pursuant to this Part;

(i) governing the provision of benets to eligible employees pursuant to

section 2-39;

(j) prescribing benet plans for the purposes of subsection 2-48(2);

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(j.1) for the purposes of section 2-56.1:

(i) prescribing other persons; and

(ii) prescribing purposes for which leave may be taken;

(k) for the purposes of clause 2-62(2)(b), prescribing the period within which

notice of group termination must be given;

(l) prescribing the amount of money that an appellant must deposit with

the director of employment standards for the purposes of subsection 2-75(4);

(m) for the purposes of section 2-85, prescribing:

(i) the amount of fees payable or the manner of determining those fees;

and

(ii) the time within which the fees must be paid;

(n) governing and requiring the keeping of records by employers for the

purposes of this Part;

(o) respecting the determination of the cash value of board and lodging

received by an employee from his or her employer;

(p) prescribing any other matter or thing that is required or authorized by

this Part to be prescribed in the regulations;

(q) respecting any other matter or thing that the Lieutenant Governor in

Council considers necessary to carry out the intent of this Part.

2013, c.S-15.1, s.2-99; 2014, c.27, s.4; 2017, c 31,

s.5.

DIVISION 8

Transitional

2‑100(1) In this section, “former Act” means The Labour Standards Act as that

Act existed on the day before the coming into force of this section.

(2) Subject to subsection (3), any written authorization that was in force pursuant

to the former Act remains in force for the period of the authorization or until the

director of employment standards amends or cancels the authorization in accordance

with section 2-20.

(3) The Lieutenant Governor in Council may make regulations prescribing a

maximum period during which an authorization mentioned in subsection (2)

continues in force.

(4) An employer who is paying wages with the frequency and in the manner

authorized by section 46 of the former Act shall, on or before July 1, 2018, pay wages

with the frequency and in the manner required pursuant to this Part.

2013, c.S-15.1, s.2-100.

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PART III

Occupational Health and Safety

DIVISION 1

Preliminary Matters for Part

Interpretation of Part

3‑1(1) In this Part and in Part IV:

(a) “biological substance” means a substance containing living organisms,

including infectious micro-organisms, or parts of organisms or products of

organisms in their natural or modied forms;

(b) “chemical substance” means any natural or articial substance, whether

in the form of a solid, liquid, gas or vapour, other than a biological substance;

pursuant to section 3-5;

(d) “chief occupational medical ofcer” means the chief occupational

medical ofcer appointed pursuant to section 3-4;

(e) “competent” means possessing knowledge, experience and training to

perform a specic duty;

(f) “compliance undertaking” means a compliance undertaking entered

into pursuant to section 3-38;

(g) “contractor” means a person who, or a partnership or group of persons

that, pursuant to one or more contracts:

(i) directs the activities of one or more employers or self-employed

persons involved in work at a place of employment; or

(ii) subject to subsection (3), retains an employer or self-employed person

to perform work at a place of employment;

(h) “director of occupational health and safety” means the director of

occupational health and safety appointed pursuant to section 3-3;

(i) “discriminatory action” means any action or threat of action by

an employer that does or would adversely affect a worker with respect to

any terms or conditions of employment or opportunity for promotion, and

includes termination, layoff, suspension, demotion or transfer of a worker,

discontinuation or elimination of a job, change of a job location, reduction

in wages, change in hours of work, reprimand, coercion, intimidation or the

imposition of any discipline or other penalty, but does not include:

(i) the temporary assignment of a worker to alternative work, pursuant

to section 3-44, without loss of pay to the worker; or

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(ii) the temporary assignment of a worker to alternative work, without

loss of pay to the worker, while:

(A) steps are being taken for the purposes of clause 3-31(a) to

satisfy the worker that any particular act or series of acts that the

worker refused to perform pursuant to that clause is not unusually

dangerous to the health or safety of the worker or any other person

at the place of employment;

(B) the occupational health committee is conducting an

investigation pursuant to clause 3-31(b) in relation to the worker’s

refusal to perform any particular act or series of acts; or

requested by a worker or an employer pursuant to clause 3-32(a);

(j) “employer” means, subject to section 3-29, a person, rm, association or

body that has, in connection with the operation of a place of employment, one

or more workers in the service of the person, rm, association or body;

(k) “equipment” means any mechanical or non-mechanical article or device,

and includes any machine, tool, appliance, apparatus, implement, service or

utility, but does not include the personal property owned by an individual

unless that property is used in the carrying on of an occupation;

(l) “harassment” means:

(i) any inappropriate conduct, comment, display, action or gesture by a

person towards a worker:

(A) that either:

(I) is based on any prohibited ground as dened in

The Saskatchewan Human Rights Code, 2018 or on physical

size or weight; or

(II) subject to subsections (4) and (5), adversely affects the

worker’s psychological or physical well-being and that the

person knows or ought reasonably to know would cause the

worker to be humiliated or intimidated; and

(B) that constitutes a threat to the health or safety of the worker; or

(ii) any conduct, comment, display, action or gesture by a person towards

a worker that:

(A) is of a sexual nature; and

(B) the person knows or ought reasonably to know is unwelcome;

(m) “notice of contravention” means a notice of contravention served

pursuant to section 3-38;

(n) “occupation” means employment, business, calling or pursuit;

(o) “occupational health and safety” means:

(i) the promotion and maintenance of the highest degree of physical,

mental and social well-being of workers;

(ii) the prevention among workers of ill health caused by their working

conditions;

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(iii) the protection of workers in their employment from factors adverse

to their health;

(iv) the placing and maintenance of workers in working environments

that are adapted to their individual physiological and psychological

conditions; and

(v) the promotion and maintenance of a working environment that is

free of harassment;

(p) “occupational health and safety representative” means an

occupational health and safety representative designated pursuant to

section 3-24;

(q) “occupational health and safety service” means a service organized

in or near a place of employment for the purposes of:

(i) protecting workers against any health or safety hazard that may arise

out of their work or the working conditions under which it is carried on;

(ii) contributing to the workers’ physical and mental adjustment in their

employment and their assignment to jobs for which they are suited; and

(iii) contributing to the establishment and maintenance of a high degree

of physical and mental well-being in the workers;

(r) “occupational health committee” means an occupational health

committee established pursuant to section 3-22 or 3-23 or the regulations

made pursuant to this Part;

(s) “occupational health ofcer” means a person appointed as an

occupational health ofcer pursuant to section 3-6;

(t) “owner” includes:

(i) a trustee, receiver, mortgagee in possession, tenant, lessee or occupier

of any lands or premises used or to be used as a place of employment; and

(ii) any person who acts for or on behalf of a person mentioned in

subclause (i) as that person’s agent or delegate;

(u) “physician” means a duly qualied medical practitioner;

(v) “place of employment” means any plant in or on which one or more

workers or self-employed persons work, usually work or have worked;

(w) “plant” includes any premises, site, land, mine, water, structure, xture

or equipment employed or used in the carrying on of an occupation;

(x) “practicable” means possible given current knowledge, technology and

invention;

(y) “prime contractor” means the person who is the prime contractor in

accordance with section 3-13;

(z) “reasonably practicable” means practicable unless the person on whom

a duty is placed can show that there is a gross disproportion between the

benet of the duty and the cost, in time, trouble and money, of the measures

to secure the duty;

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(aa) “registered nurse” means a nurse registered pursuant to The Registered

Nurses Act, 1988;

(bb) “self‑employed person” means a person who is engaged in an

occupation but is not in the service of an employer;

(cc) “structure” includes any building, support for equipment, factory, road,

dam, bridge, waterway, dock, railway or excavation;

(dd) “supervisor” means an individual who is authorized by an employer

to oversee or direct the work of the employer’s worker;

(ee) “supplier” means, unless otherwise stated, a person who supplies, sells,

offers or exposes for sale, leases, distributes or installs any biological substance

or chemical substance or any plant to be used at a place of employment;

(ff) “train” means to give information and explanation to a worker with

respect to a particular subject-matter and to require a practical demonstration

that the worker has acquired knowledge or skill related to the subject-matter;

(gg) “worker” means, subject to subsection (6):

(i) an individual, including a supervisor, who is engaged in the service

of an employer; or

(ii) a member of a prescribed category of individuals;

but does not include an inmate, as dened in The Correctional Services

Act, 2012, of a correctional facility as dened in that Act who is participating

in a work project or rehabilitation program within the correctional facility;

(hh) “worksite” means an area at a place of employment where a worker

works or is required or permitted to be present.

(2) In this Part:

(a) if a provision refers to any matter or thing that an employer is required

to do in relation to workers, the provision applies to workers who are in the

service of that employer, unless the context requires otherwise; and

(b) if a provision refers to any matter or thing that an employer is required

to do in relation to a place of employment, the provision applies to every place

of employment of that employer, unless the context requires otherwise.

(3) For the purposes of subclause (1)(g)(ii), a person, partnership or group of persons

is considered to be a contractor only if that person, partnership or group of persons

knows or ought reasonably to know the provisions of this Part and the regulations

made pursuant to this Part respecting the work or the place of employment at the

time of retaining the employer or self-employed person to perform work at a place

of employment.

(4) To constitute harassment for the purposes of subparagraph (1)(l)(i) (A) (II),

either of the following must be established:

(a) repeated conduct, comments, displays, actions or gestures;

(b) a single, serious occurrence of conduct, or a single, serious comment,

display, action or gesture, that has a lasting, harmful effect on the worker.

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(5) For the purposes of subparagraph (1)(l)(i)(A)(II), harassment does not include

any reasonable action that is taken by an employer, or a manager or supervisor

employed or engaged by an employer, relating to the management and direction of

the employer’s workers or the place of employment.

(6) For the purposes of clause (1)(l), subsections (4) and (5), clause 3-8(d),

clause 3-9(c) and clause 3-10(b), a worker includes:

(a) a person who is enrolled in a secondary or post-secondary educational

institution and who:

(i) is permitted by an employer, directly or indirectly, to perform work

or services; or

(ii) is being trained by an employer;

(b) a volunteer that an employer permits, directly or indirectly, to perform

work or services; and

2013, c.S-15.1, s.3-1; 2021, c 38, s.3.

Responsibilities of minister re Part

3‑2(1) The minister is responsible for all matters not by law assigned to any other

minister or agency of the government relating to occupational health and safety

and to advancing and improving occupational health and safety in the workplace.

(2) For the purpose of carrying out the minister’s responsibilities pursuant to this

Part, the minister may:

(a) create, develop, adopt, coordinate and implement policies, strategies,

objectives, guidelines, programs, services and administrative procedures or

similar instruments respecting occupational health and safety;

(b) either alone or in conjunction with the Workers’ Compensation Board and

the minister responsible for the administration of The Public Health Act, 1994,

prepare and maintain occupationally related injury and illness statistics

respecting workers and self-employed persons;

and safety and provide services to assist occupational health committees,

occupational health and safety representatives, employers, workers and

self-employed persons in maintaining reasonable standards for the protection

of the health and safety of workers and self-employed persons;

(d) promote or conduct studies and research projects in connection with issues

relating to the health and safety of workers;

(e) encourage or conduct educational programs including seminars and courses

of training for promoting the health and safety of workers and for improving

the qualications of persons involved in the promotion of occupational health

and safety; and

(f) do any other thing that the minister considers necessary or appropriate to

carrying out the minister’s responsibilities or exercising the minister’s powers

pursuant to this Part and the regulations made pursuant to this Part.

2013, c.S-15.1, s.3-2.

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DIVISION 2

Administration

Appointment of director of occupational health and safety

3‑3(1) The minister shall appoint an employee of the ministry as director of

occupational health and safety.

(2) The director of occupational health and safety may delegate to any person the

exercise of any powers given to the director and the fullling of any responsibilities

imposed on the director pursuant to this Part.

(3) The director of occupational health and safety may impose any terms and

conditions on a delegation pursuant to this section that the director considers

appropriate.

2013, c.S-15.1, s.3-3.

Appointment of chief occupational medical ofcer

3‑4 The minister shall appoint as chief occupational medical ofcer a physician

who has training or experience in occupational health.

2013, c.S-15.1, s.3-4.

Appointment of chief mines inspector

3‑5 The minister shall appoint as chief mines inspector a professional engineer

or professional geoscientist who holds a valid licence pursuant to The Engineering

and Geoscience Professions Act, or who is eligible for a licence pursuant to that Act,

and who has training or experience in the mining industry.

2013, c.S-15.1, s.3-5.

Appointment of occupational health ofcers

3‑6(1) The minister may appoint any employees of the ministry or category of

employees of the ministry as occupational health ofcers for the purpose of enforcing

this Part, the regulations made pursuant to this Part and any other prescribed Acts

and prescribed regulations.

(2) The minister may set any limit or condition on any appointment pursuant to

subsection (1) that the minister considers reasonable.

(3) The director of occupational health and safety, the chief occupational medical

ofcer and the chief mines inspector have all of the powers and authority and all

of the protection of occupational health ofcers and any other powers that may be

conferred on them by this Part or the regulations made pursuant to this Part.

(4) The minister may enter into an agreement with the government of any province

or territory of Canada or with the Government of Canada specifying the terms and

conditions under which a person employed by the government of that province or

territory or the Government of Canada may, for the purposes of this Part, act as an

occupational health ofcer in Saskatchewan.

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(5) On any terms and conditions that the minister considers necessary, the

minister may consent to have an occupational health ofcer carry out health and

safety inspections or other work on behalf of the government of another province

or territory of Canada or on behalf of the Government of Canada.

2013, c.S-15.1, s.3-6.

Written credentials for occupational health ofcers

3‑7 The minister shall provide each occupational health ofcer with written

credentials of the ofcer’s appointment, and the occupational health ofcer shall

produce those credentials on request when exercising or seeking to exercise any of

the powers conferred on the ofcer by this Part or the regulations made pursuant

to this Part.

2013, c.S-15.1, s.3-7.

DIVISION 3

Duties

General duties of employer

3‑8 Every employer shall:

(a) ensure, insofar as is reasonably practicable, the health, safety and welfare

at work of all of the employer’s workers;

(b) consult and cooperate in a timely manner with any occupational health

committee or the occupational health and safety representative at the place of

employment for the purpose of resolving concerns on matters of health, safety

and welfare at work;

raised by an occupational health committee or occupational health and safety

representative pursuant to clause (b);

(d) ensure, insofar as is reasonably practicable, that the employer’s workers

are not exposed to harassment with respect to any matter or circumstance

arising out of the workers’ employment;

(e) cooperate with any other person exercising a duty imposed by this Part

or the regulations made pursuant to this Part;

(f) ensure that:

(i) the employer’s workers are trained in all matters that are necessary

to protect their health, safety and welfare; and

(ii) all work at the place of employment is sufciently and competently

supervised;

(g) if the employer is required to designate an occupational health and

safety representative for a place of employment, ensure that written records

of meetings with the occupational health and safety representative are kept

and are readily available at the place of employment;

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(h) ensure, insofar as is reasonably practicable, that the activities of the

employer’s workers at a place of employment do not negatively affect the health,

safety or welfare at work of the employer, other workers or any self-employed

person at the place of employment; and

(i) comply with this Part and the regulations made pursuant to this Part.

2013, c.S-15.1, s.3-8.

General duties of supervisors

3‑9 Every supervisor shall:

(a) ensure, insofar as is reasonably practicable, the health and safety at work

of all workers who work under the supervisor’s direct supervision and direction;

(b) ensure that workers under the supervisor’s direct supervision and direction

comply with this Part and the regulations made pursuant to this Part;

supervisor’s direct supervision and direction are not exposed to harassment

at the place of employment;

(d) cooperate with any other person exercising a duty imposed by this Part

or the regulations made pursuant to this Part; and

(e) comply with this Part and the regulations made pursuant to this Part.

2013, c.S-15.1, s.3-9.

General duties of workers

3‑10 Every worker while at work shall:

(a) take reasonable care to protect his or her health and safety and the health

and safety of other workers who may be affected by his or her acts or omissions;

(b) refrain from causing or participating in the harassment of another worker;

or the regulations made pursuant to this Part; and

(d) comply with this Part and the regulations made pursuant to this Part.

2013, c.S-15.1, s.3-10.

General duties of self‑employed persons

3‑11 Every self-employed person shall:

(a) conduct his or her undertaking in such a way as to ensure, insofar as is

reasonably practicable, that the self-employed person and workers employed on

or about the same place of employment who may be affected by the undertaking

are not thereby exposed to risks to their health and safety;

(b) cooperate with any other person exercising a duty imposed by this Part

or the regulations made pursuant to this Part; and

2013, c.S-15.1, s.3-11.

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General duties of contractors

3‑12 Every contractor shall:

(a) ensure, insofar as is reasonably practicable, that each of the following that

is not in the direct and complete control of an employer or self-employed person

under contract with the contractor is safe for, without risk to the health of, and

adequate with regard to facilities for the welfare of, all employers, workers or

self-employed persons at the place of employment:

(i) every place of employment or worksite where an employer, employer’s

worker or self-employed person works pursuant to a contract between the

contractor and the employer or self-employed person;

(ii) every work process or procedure carried on at every place of

employment or worksite where an employer, employer’s worker or

self-employed person works pursuant to a contract between the contractor

and the employer or self-employed person;

(b) post any prescribed notice in a conspicuous location at every place of

employment or worksite where an employer, employer’s worker or self-employed

person works pursuant to a contract between the contractor and the employer

or self-employed person; and

2013, c.S-15.1, s.3-12.

General duties of prime contractors at certain multi‑employer worksites

3‑13(1) Every worksite must have a prime contractor if the worksite:

(a) has multiple employers or self-employed persons; and

(b) meets the prescribed circumstances.

(2) The prime contractor for a worksite mentioned in subsection (1) is to be

determined in the prescribed manner.

(3) The prime contractor for a worksite shall carry out the prescribed activities.

2013, c.S-15.1, s.3-13.

General duties of owners

3‑14 Every owner of any plant used as a place of employment shall:

(a) ensure, insofar as is reasonably practicable, that any area of the plant

or activity occurring in or on an area of the plant that is not in the direct and

complete control of any contractor, employer or self-employed person who works

or employs one or more workers who work in or on the plant:

(i) is maintained or is carried on in compliance with this Part and the

regulations made pursuant to this Part; and

(ii) does not endanger the health or safety of any contractor, employer,

worker or self-employed person who works in or on the plant; and

(b) comply with this Part and the regulations made pursuant to this Part.

2013, c.S-15.1, s.3-14.

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General duties of suppliers

3‑15 Every supplier shall:

(a) ensure, insofar as is reasonably practicable, that any biological substance

or chemical substance or any plant supplied by the supplier to any owner,

contractor, employer, worker or self-employed person for use in or at a place

of employment:

(i) is safe when used in accordance with the instructions provided by

the supplier; and

(ii) complies with the requirements of this Part and the regulations

made pursuant to this Part;

(b) in the prescribed circumstances:

(i) provide written instruction respecting the safe use of equipment that

is supplied by the supplier to be used in or at a place of employment by

workers; and

(ii) provide notice when equipment supplied does not or will not likely

comply with a prescribed standard when used at a place of employment

by workers;

equipment, maintain that equipment in a safe condition and in compliance

with the regulations made pursuant to this Part and any applicable orders

issued pursuant to those regulations; and

(d) comply with this Part and the regulations made pursuant to this Part.

2013, c.S-15.1, s.3-15.

Duty to provide information

3‑16(1) In this section, “required information”:

(a) means any information that an employer, contractor, owner or supplier

knows or may reasonably be expected to know and that:

(i) may affect the health or safety of any person who works at a place

of employment; or

(ii) is necessary to identify and control any existing or potential hazards

with respect to any plant or any process, procedure, biological substance

or chemical substance used at a place of employment; and

(b) includes any prescribed information.

(2) Subject to section 3-17 and Division 7, every employer shall keep readily

available all required information and provide that information to the following at

a place of employment:

(a) the occupational health committee;

(b) the occupational health and safety representative;

occupational health and safety representative.

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(3) Subject to Division 7, every contractor shall provide all required information to:

(a) every employer and self-employed person with whom the contractor has

a contract; and

(b) any occupational health committee established by the contractor.

(4) Subject to Division 7, every owner of a plant used as a place of employment

shall provide all required information to every contractor, every employer who

employs workers who work in or on the plant and every self-employed person who

works in or on the plant.

(5) Subject to Division 7, every supplier shall provide prescribed written

instructions and any other prescribed information to every employer to whom the

supplier supplies any prescribed biological substance, chemical substance or plant.

2013, c.S-15.1, s.3-16.

Exemption

3‑17(1) Subject to Division 7, an employer, owner, contractor or supplier may apply

for an exemption from the requirements of subsection 3-16(2), (3), (4) or (5), as the

case may be, with respect to information that contains trade secrets of the applicant

by submitting a written request to the director of occupational health and safety.

(2) After consultation with any interested persons that the director of occupational

health and safety considers appropriate, the director may exempt an applicant

pursuant to subsection (1) from the requirements of subsection 3-16(2), (3), (4) or (5)

with respect to information that contains trade secrets of the applicant.

(3) An exemption pursuant to subsection (2):

(a) must be in writing; and

(b) may be made subject to any terms and conditions that, in the opinion

of the director of occupational health and safety, are necessary to secure the

health or safety of the workers.

2013, c.S-15.1, s.3-17.

Provision of information to medical personnel

3‑18(1) An employer shall, as soon as possible in the circumstances, provide any

information exempted pursuant to subsection 3-17(2) that is in the possession of

the employer to any physician or registered nurse who requests the information

for the purpose of making a medical diagnosis of, or rendering medical treatment

to, a worker in an emergency.

(2) A physician or registered nurse to whom information is provided pursuant to

subsection (1) shall:

(a) use the information only for the purpose for which it is provided; and

(b) keep condential any information specied by the employer as condential

information.

2013, c.S-15.1, s.3-18.

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Duty to provide occupational health and safety service

3‑19(1) The minister may designate in writing a place of employment or a category

of places of employment as requiring an occupational health and safety service,

having regard to:

(a) the type of work being carried on;

(b) the number of workers employed; and

(2) An employer operating at a place of employment designated pursuant to

subsection (1) shall establish and maintain an occupational health and safety service

for the place of employment.

(3) The minister may specify in writing the services that are to be provided by

the occupational health and safety service for a designated place of employment.

(4) The establishment and continued operation of an occupational health and

safety service is subject to the direction of the minister.

(5) Nothing in this section is to be interpreted as limiting or replacing the duties

or requirements imposed on employers and workers by this Part or the regulations

made pursuant to this Part, including any duties related to occupational health

committees or occupational health and safety representatives.

2013, c.S-15.1, s.3-19.

Duty to provide occupational health and safety programs

3‑20(1) An employer at a prescribed place of employment shall establish and

maintain an occupational health and safety program or a prescribed part of an

occupational health and safety program in accordance with the regulations made

pursuant to this Part.

(2) An occupational health and safety program at a prescribed place of employment

must be established and designed in consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

occupational health and safety representative.

(3) An occupational health and safety program must include all prescribed

documents, information and matters.

(4) An occupational health and safety program at a prescribed place of employment

must be in writing and must be made available, on request, to the occupational

health committee, the occupational health and safety representative, the workers

or an occupational health ofcer.

(5) If the work at a place of employment is carried on pursuant to contracts

between a contractor and two or more employers, the contractor shall coordinate the

occupational health and safety programs of all employers at the place of employment.

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(6) The director of occupational health and safety may order an employer to develop

an occupational health and safety program for a place of employment if the director

considers it to be in the interests of the health, safety and welfare of the employer’s

workers based on the criteria set out in subsection (8).

(7) An order issued pursuant to subsection (6) must be in writing.

(8) In making an order pursuant to subsection (6), the director of occupational

health and safety shall consider the following criteria:

(a) the frequency of occupationally related injuries and illnesses at the place

of employment;

(b) the number and nature of the notices of contravention relating to the

place of employment and the history of compliance with those orders and with

compliance undertakings;

the health, safety and welfare of workers.

2013, c.S-15.1, s.3-20.

Duty re policy statement on violence and prevention plan

3‑21(1) An employer operating at a prescribed place of employment where violent

situations have occurred or may reasonably be expected to occur shall develop and

implement a written policy statement and prevention plan to deal with potentially

violent situations after consultation with:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

occupational health and safety representative.

(2) A policy statement and prevention plan required pursuant to subsection (1)

must include any prescribed provisions.

2013, c.S-15.1, s.3-21.

DIVISION 4

Occupational Health Committees and

Occupational Health and Safety Representatives

Establishment of committees

3‑22(1) Subject to the regulations made pursuant to this Part, at every place of

employment where 10 or more workers of one employer work, the employer shall:

(a) establish an occupational health committee at the place of employment;

and

(b) designate persons as members of the occupational health committee in

accordance with this section.

(2) An occupational health committee must consist of at least two and no more

than 12 persons.

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(3) At least half of the members of an occupational health committee must

represent workers other than workers connected with the management of the place

of employment.

(4) No person who represents workers shall be designated as a member of an

occupational health committee unless the person:

(a) has been elected from the place of employment for that purpose by the

workers whom the person would represent;

(b) has been appointed from the place of employment in accordance with

the constitution or bylaws of the union of which the workers are members; or

represent on the committee, has been appointed for that purpose from the place

of employment pursuant to an agreement among all of those unions.

2013, c.S-15.1, s.3-22.

Director may order additional or new occupational health committees

3‑23(1) Notwithstanding section 3-22, but subject to subsections (2) to (4) and the

regulations made pursuant to this Part, the director of occupational health and

safety may order an employer or contractor to establish:

(a) an additional occupational health committee if, in the opinion of the

director, the place of employment would be better served by more than one

committee; or

(b) an occupational health committee to protect the health, safety and welfare

of the workers if an occupational health committee is not otherwise required.

(2) An order issued pursuant to subsection (1) must be in writing.

(3) In an order issued pursuant to this section, the director of occupational health

and safety may specify the composition, practice and procedures of the occupational

health committee.

(4) In making an order pursuant to this section, the director of occupational health

and safety shall consider the following criteria:

(a) the nature of the work performed at the place of employment;

(b) any request to establish an occupational health committee made by an

employer, a prime contractor, a worker or a union representing workers at

the place of employment;

of employment or in the industry with which the place of employment is

associated;

(d) any additional criteria that the director considers appropriate to protect

the health, safety and welfare of workers.

2013, c.S-15.1, s.3-23.

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Designation of representatives

3‑24(1) Subject to the regulations made pursuant to this Part, at each prescribed

place of employment where fewer than 10 workers of one employer work, the employer

shall designate a person as the occupational health and safety representative for

those workers.

(2) No person may be designated as an occupational health and safety representative

unless the person:

(a) has been elected from the place of employment for that purpose by the

workers whom the person would represent;

(b) has been appointed from the place of employment in accordance with the

constitution or the bylaws of the union of which the workers are members; or

represent as an occupational health and safety representative, has been

appointed for that purpose from the place of employment pursuant to an

agreement among all of those unions.

2013, c.S-15.1, s.3-24.

Duty to post names

3‑25(1) A person who is required to establish an occupational health committee

pursuant to section 3-22 or 3-23 or the regulations made pursuant to this Part shall

post the names of the members of the committee in a conspicuous location at every

place of employment of workers represented by the committee.

(2) An employer who is required to designate an occupational health and safety

representative pursuant to section 3-24 shall post the name of the representative

in a conspicuous location at every place of employment of workers represented by

the representative.

2013, c.S-15.1, s.3-25.

General concern of committees and representatives

3‑26 An occupational health committee and an occupational health and safety

representative shall have a continuing concern with respect to the health, safety

and welfare at a place of employment of workers represented by the committee or

the representative.

2013, c.S-15.1, s.3-26.

Duties of committees

3‑27(1) The duties of an occupational health committee are the following:

(a) to participate in the identication and control of health and safety hazards

in or at the place of employment;

(b) to cooperate with the occupational health and safety service, if any,

established for the place of employment;

health and safety programs for the education and information of workers;

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(d) to maintain records with respect to the duties of the committee pursuant

to this section;

(e) to investigate any matter mentioned in section 3-31;

(f) to receive, consider and resolve matters respecting the health and safety

of workers;

(g) to carry out any other duties that are specied in this Part or the

regulations made pursuant to this Part.

(2) An employer or contractor shall ensure that the duties of the occupational health

committee imposed by this Part or the regulations made pursuant to this Part are

not diminished by any other committee established within the place of employment

by the employer or contractor.

2013, c.S-15.1, s.3-27.

Duties of representatives

3‑28(1) The duties of an occupational health and safety representative are the

following:

(a) to participate in the identication and control of health and safety hazards

in or at the place of employment;

(b) to cooperate with the occupational health and safety service, if any,

established for the place of employment;

safety;

(d) to receive, consider and resolve matters respecting the health and safety

of workers;

(e) to carry out any other duties that are specied in this Part or the

regulations made pursuant to this Part.

(2) The occupational health and safety representative shall perform his or duties

in consultation with the employer.

2013, c.S-15.1, s.3-28.

Reference of matters to occupational health ofcer

3‑29(1) In this section, “employer” means any person who is required to establish

an occupational health committee pursuant to section 3-22 or 3-23 or the regulations

made pursuant to this Part or to designate an occupational health and safety

representative pursuant to section 3-24.

(2) If an employer does not resolve an issue or address a concern raised by an

occupational health committee or an occupational health and safety representative

with respect to the health, safety and welfare of the workers at a place of employment,

the employer shall provide written reasons for not resolving the issue or addressing

the concern to the committee or to the representative.

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(3) If the parties cannot resolve an issue or address a concern after the provision

of written reasons by the employer pursuant to subsection (2), any of the following

may refer the matter to an occupational health ofcer:

(a) the employer;

(b) the occupational health committee;

(d) the occupational health and safety representative.

(4) If a matter is referred to an occupational health ofcer pursuant to subsection (3),

the ofcer may:

(a) determine that there is no issue or concern and inform the person who

referred the matter of the determination;

(b) endeavour to mediate an acceptable resolution of the matter and, if

the matter cannot be resolved, give written reasons to the employer and to

the occupational health committee or the occupational health and safety

representative, as the case may be, why the matter cannot be resolved; or

(5) Nothing in this section limits the right of a worker to refer any matter respecting

occupational health and safety directly to an occupational health ofcer.

2013, c.S-15.1, s.3-29.

Provision of reports by occupational health ofcer

3‑30 If an occupational health ofcer provides an employer with a report or other

communication related to the health and safety of workers, the occupational health

ofcer shall, at the same time, provide a copy of the report or communication to:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

and safety representative, the employer’s workers.

2013, c.S-15.1, s.3-30.

DIVISION 5

Right to Refuse Dangerous Work; Discriminatory Action

Right to refuse dangerous work

3‑31 A worker may refuse to perform any particular act or series of acts at a place

of employment if the worker has reasonable grounds to believe that the act or series

of acts is unusually dangerous to the worker’s health or safety or the health or safety

of any other person at the place of employment until:

(a) sufcient steps have been taken to satisfy the worker otherwise; or

(b) the occupational health committee has investigated the matter and advised

the worker otherwise.

2013, c.S-15.1, s.3-31.

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Investigation by occupational health ofcer

3‑32 If there is no occupational health committee at a place of employment or if

the worker or the employer is not satised with the decision of the occupational

health committee pursuant to clause 3-31(b):

(a) the worker or the employer may request an occupational health ofcer to

investigate the matter; and

(b) the worker is entitled to refuse to perform the act or series of acts pursuant

to section 3-31 until the occupational health ofcer has investigated the matter

and advised the worker otherwise pursuant to subsection 3-33(2).

2013, c.S-15.1, s.3-32.

Decision of occupational health ofcer

3‑33(1) If an occupational health ofcer decides that the act or series of acts that

a worker has refused to perform pursuant to section 3-31 is unusually dangerous to

the health or safety of the worker or any other person at the place of employment,

the occupational health ofcer may issue a notice of contravention in writing to the

employer requiring the appropriate remedial action.

(2) If an occupational health ofcer decides that the act or series of acts that a

worker has refused to perform pursuant to section 3-31 is not unusually dangerous

to the health or safety of the worker or any other person at the place of employment,

the occupational health ofcer shall, in writing:

(a) advise the employer and the worker of that decision; and

(b) advise the worker that he or she is no longer entitled to refuse to perform

the act or series of acts pursuant to section 3-31.

2013, c.S-15.1, s.3-33.

Other workers not to be assigned

3‑34 If a worker has refused to perform an act or series of acts pursuant to

section 3-31, the employer shall not request or assign another worker to perform

that act or series of acts unless that other worker has been advised by the employer,

in writing, of:

(a) the refusal and the reasons for the refusal;

(b) the reason or reasons the worker being assigned or requested to perform

the act or series of acts may, in the employer’s opinion, carry out the act or

series of acts in a healthy and safe manner; and

to section 3-31.

2013, c.S-15.1, s.3-34.

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Discriminatory action prohibited

3‑35 No employer shall take discriminatory action against a worker because the

worker:

(a) acts or has acted in compliance with:

(i) this Part or the regulations made pursuant to this Part;

(ii) Part V or the regulations made pursuant to that Part;

(iii) a code of practice issued pursuant to section 3-84; or

(iv) a notice of contravention or a requirement or prohibition contained

in a notice of contravention;

(b) seeks or has sought the enforcement of:

(i) this Part or the regulations made pursuant to this Part; or

(ii) Part V or the regulations made pursuant to that Part;

committee or occupational health and safety representative;

(d) seeks or has sought the establishment of an occupational health committee

or the designation of an occupational health and safety representative;

(e) performs or has performed the function of an occupational health

committee member or occupational health and safety representative;

(f) refuses or has refused to perform an act or series of acts pursuant to

section 3-31;

(g) is about to testify or has testied in any proceeding or inquiry pursuant to:

(i) this Part or the regulations made pursuant to this Part; or

(ii) Part V or the regulations made pursuant to that Part;

(h) gives or has given information to an occupational health committee, an

occupational health and safety representative, an occupational health ofcer or

other person responsible for the administration of this Part or the regulations

made pursuant to this Part with respect to the health and safety of workers

at a place of employment;

(i) gives or has given information to a radiation health ofcer within the

meaning of Part V or to any other person responsible for the administration

of that Part or the regulations made pursuant to that Part;

(j) is or has been prevented from working because a notice of contravention

with respect to the worker’s work has been served on the employer; or

(k) has been prevented from working because an order has been served

pursuant to Part V or the regulations made pursuant to that Part on an owner,

vendor or operator within the meaning of that Part.

2013, c.S-15.1, s.3-35.

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Referral to occupational health ofcer

3‑36(1) A worker who, on reasonable grounds, believes that the employer has taken

discriminatory action against him or her for a reason mentioned in section 3-35 may

refer the matter to an occupational health ofcer.

(2) If an occupational health ofcer decides that an employer has taken

discriminatory action against a worker for a reason mentioned in section 3-35,

the occupational health ofcer shall serve a notice of contravention requiring the

employer to:

(a) cease the discriminatory action;

(b) reinstate the worker to his or her former employment on the same terms

and conditions under which the worker was formerly employed;

would have earned if the worker had not been wrongfully discriminated

against; and

(d) remove any reprimand or other reference to the matter from any

employment records maintained by the employer with respect to that worker.

(3) If an occupational health ofcer decides that no discriminatory action has been

taken against a worker for any of the reasons set out in section 3-35, the occupational

health ofcer shall advise the worker of the reasons for that decision in writing.

(4) If discriminatory action has been taken against a worker who has acted or

participated in an activity described in section 3-35:

(a) in any prosecution or other proceeding taken pursuant to this Part, there

is a presumption in favour of the worker that the discriminatory action was

taken against the worker because the worker acted or participated in an activity

described in section 3-35; and

(b) the onus is on the employer to establish that the discriminatory action

was taken against the worker for good and sufcient other reason.

(5) The amount of money that an occupational health ofcer may require to be paid

pursuant to clause (2)(c) is to be reduced by an amount that the ofcer is satised

that the worker earned or should have earned during the period when the employer

was required to pay the worker the wages.

(6) The employer has the onus of establishing the amount of the reduction

mentioned in subsection (5).

2013, c.S-15.1, s.3-36.

Order to reinstate worker wrongfully discriminated against

3‑37(1) If an employer is convicted of taking discriminatory action against a worker

contrary to any provision of this Part, the convicting judge shall order the employer:

(a) to cease the discriminatory action;

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(b) to reinstate the worker to his or her former employment on the same terms

and conditions under which the worker was formerly employed;

have earned if the worker had not been wrongfully discriminated against; and

(d) to remove any reprimand or other reference to the matter from any

employment records maintained by the employer with respect to that worker.

(2) The amount of wages that are ordered to be paid pursuant to clause (1)(c) must

be reduced by an amount that the convicting judge is satised that the worker

earned or should have earned during the period when the employer was required

to pay the worker the wages.

(3) The employer has the onus of establishing the amount by which an award

pursuant to clause (1)(c) should be reduced in accordance with subsection (2).

2013, c.S-15.1, s.3-37.

DIVISION 6

Compliance Undertakings and Notices of Contravention

Compliance undertakings and notices of contravention

3‑38(1) An occupational health ofcer shall act pursuant to subsection (2) if the

occupational health ofcer is of the opinion that a person:

(a) is contravening any provision of this Part or the regulations made pursuant

to this Part; or

(b) has contravened any provision of this Part or the regulations made

pursuant to this Part in circumstances that make it likely that the contravention

will continue or will be repeated.

(2) In the circumstances mentioned in subsection (1), the occupational health

ofcer shall:

(a) subject to subsection (4), require the person to enter into a compliance

undertaking; or

(b) serve a notice of contravention on the person.

(3) For the purposes of subsection (2):

(a) a compliance undertaking must:

(i) be in writing and in the form approved by the director of occupational

health and safety;

(ii) contain a description by the occupational health ofcer of the action

to be undertaken by the person; and

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(iii) contain the person’s signed commitment to:

(A) comply or improve compliance with the contravened provision

of this Part or the regulations made pursuant to this Part within a

period specied by the occupational health ofcer in the compliance

undertaking; and

(B) provide a progress report in accordance with section 3-43; and

(b) a notice of contravention must:

(i) cite the contravened provision of this Part or of the regulations made

pursuant to this Part;

(ii) state the reasons for the occupational health ofcer’s opinion; and

(iii) require the person to remedy the contravention within a period

specied by the occupational health ofcer in the notice of contravention.

(4) An occupational health ofcer shall not allow a person to enter into a compliance

undertaking if a provision of this Part or the regulations made pursuant to this Part

requires that a notice of contravention be issued.

(5) An occupational health ofcer may serve a notice of contravention on a person

notwithstanding that the person has entered into a compliance undertaking if:

(a) the person fails to comply with the compliance undertaking or to provide

a progress report in compliance with section 3-43; or

(b) in the opinion of the occupational health ofcer, it is necessary to do so

to prevent a risk to the health and safety of a worker or it is otherwise in the

public interest.

2013, c.S-15.1, s.3-38.

Directions to remedy contravention

3‑39 A notice of contravention may include directions as to the measures to be

taken to remedy the contravention to which the notice relates, and the directions

must, if practicable, give the person on whom the notice is served a choice of different

ways of remedying the contravention.

2013, c.S-15.1, s.3-39.

Contravention involving risk to health or safety

3‑40 If an occupational health ofcer is of the opinion that a contravention of this

Part or the regulations made pursuant to this Part involves or may involve a risk

to the health or safety of a worker, the occupational health ofcer may direct in

the notice of contravention that any activity to which the notice of contravention

relates shall not be carried on after the period specied in the notice or until the

contravention specied in the notice has been remedied, whichever occurs rst.

2013, c.S-15.1, s.3-40.

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Contravention involving serious risk to health or safety

3‑41(1) If an occupational health ofcer is of the opinion that a contravention of

this Part or the regulations made pursuant to this Part involves or may involve a

serious risk to the health or safety of a worker, the occupational health ofcer shall,

in the notice of contravention, require the cessation of work that involves a serious

risk to workers arising from that contravention until the requirement to cease work

has been withdrawn by an occupational health ofcer.

(2) Notwithstanding subsection (1), if an occupational health ofcer requires the

immediate cessation of any work at or the evacuation of workers from a place of

employment or a worksite pursuant to subsection (1), the person on whom the notice

of contravention is served may, subject to any direction given by the occupational

health ofcer, carry out or cause workers to carry out the activities or measures

necessary to remedy the contravention.

2013, c.S-15.1, s.3-41.

Copy of compliance undertaking or notice of contravention

3‑42 If a person enters into a compliance undertaking or an occupational health

ofcer serves a notice of contravention on any person, the occupational health ofcer

shall:

(a) if there is an occupational health committee or an occupational health

and safety representative at the place of employment with respect to which

the compliance undertaking or notice of contravention applies, provide

the occupational health committee or the occupational health and safety

representative with a copy of the compliance undertaking or notice of

contravention; or

(b) if there is no occupational health committee or occupational health and

safety representative at the place of employment with respect to which the

compliance undertaking or notice of contravention applies, post a copy of the

compliance undertaking or notice of contravention in a conspicuous location

at that place of employment.

2013, c.S-15.1, s.3-42.

Progress report

3‑43 Within ve business days after the end of the period specied in a compliance

undertaking or notice of contravention within which a contravention is to be

remedied, the person who entered into the compliance undertaking or on whom the

notice of contravention is served:

(a) shall:

(i) provide the occupational health committee or occupational health and

safety representative at the place of employment with respect to which

the compliance undertaking or notice of contravention applies with a

written report of the progress that has been made towards remedying each

contravention of this Part or the regulations made pursuant to this Part

that is stated in the compliance undertaking or notice of contravention; or

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(ii) if there is no occupational health committee or occupational health

and safety representative at the place of employment with respect to which

the compliance undertaking or notice of contravention applies, post in a

conspicuous location at the place of employment a written report of the

progress that has been made towards remedying each contravention of

this Part or the regulations made pursuant to this Part that is stated in

the compliance undertaking or notice of contravention; and

(b) shall provide the occupational health ofcer who received the compliance

undertaking or who served the notice of contravention with a written report

of the progress that has been made towards remedying each contravention of

this Part or the regulations made pursuant to this Part that is stated in the

compliance undertaking or notice of contravention.

2013, c.S-15.1, s.3-43.

Reassignment to alternative work

3‑44 If an occupational health ofcer has served on an employer a notice of

contravention that includes a requirement mentioned in section 3-41, the employer

shall assign to alternative work, without loss of pay, his or her workers who are no

longer able to work at a worksite with respect to which the notice of contravention

applies until the workers are permitted by an occupational health ofcer to resume

their work at the worksite.

2013, c.S-15.1, s.3-44.

Withdrawals of certain requirements

3‑45 An occupational health ofcer may withdraw any requirement for the cessation

of work mentioned in section 3-41 that is included in a notice of contravention if the

occupational health ofcer is satised that the contravention with respect to which

the cessation of work was required has been remedied.

2013, c.S-15.1, s.3-45.

Notices of contravention that do not take immediate effect

3‑46 If a notice of contravention that is not to take immediate effect has been served:

(a) the notice may be withdrawn by an occupational health ofcer at any time

before the end of the period specied in the notice; or

(b) the period specied pursuant to clause (a) may be extended or further

extended by an occupational health ofcer at any time except when an appeal

against the notice is pending.

2013, c.S-15.1, s.3-46.

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DIVISION 7

Workplace Hazardous Materials Information System

Interpretation of Division

3‑47 In this Division:

(a) “appeal board” means an appeal board appointed pursuant to

subsection 43(1) of the Hazardous Materials Information Review Act (Canada)

in relation to appeals relating to the provisions of the Hazardous Products Act

(Canada);

(b) “concentration” means concentration as expressed in the prescribed

manner;

substance that is classied in accordance with the regulations made pursuant

to subsection 15(1) of the Hazardous Products Act (Canada) in a category or

subcategory of a hazard class listed in Schedule 2 of that Act;

(d) “label” means a group of written, printed or graphic information elements

that relate to a hazardous product, which group is designed to be afxed to,

printed on or attached to the hazardous product or the container in which the

hazardous product is packaged;

(e) “pictogram” means a graphical composition that includes a symbol along

with other graphical elements, such as a border or background colour;

(f) “pure substance” means a substance that is composed mainly of a single

biological or chemical ingredient;

(g) “safety data sheet” means a safety data sheet as dened in the

regulations;

(h) “supplier” means a supplier as dened in the Hazardous Products Act

(Canada).

2015, c.31, s.3.

Employer’s duties re substances and hazardous products

3‑48 Without restricting the generality of section 3-8 or limiting the duties of an

employer pursuant to this Part and the regulations made pursuant to this Part, but

subject to any prescribed exemptions, every employer shall, with respect to every

place of employment controlled by that employer:

(a) ensure that concentrations of biological substances and chemical

substances in the place of employment are controlled in accordance with

prescribed standards;

(b) ensure that all biological substances and chemical substances in the place

of employment are stored, handled and disposed of in the prescribed manner;

of employment, other than hazardous products, are identied in the prescribed

manner;

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(d) subject to section 3-50, ensure that each hazardous product in the place of

employment or each container in the place of employment in which a hazardous

product is contained:

(i) has a label that discloses all applicable prescribed information applied

to it; and

(ii) has all applicable prescribed pictograms displayed on it in the

prescribed manner; and

(e) subject to section 3-50, make available to the employer’s workers, to the

prescribed extent and in the prescribed manner, a safety data sheet with

respect to each hazardous product in the place of employment that discloses:

(i) if the hazardous product is a pure substance, the biological or chemical

identity of the hazardous product and, if the hazardous product is not a

pure substance, the biological or chemical identity of any ingredient of

it that is a hazardous product and the concentration of that ingredient;

(ii) the biological or chemical identity of any ingredient of the hazardous

product that the employer has reasonable grounds to believe may be

harmful to a worker and the concentration of that ingredient;

(iii) the biological or chemical identity of any ingredient of the hazardous

product of which the toxicological properties are not known to the employer

and the concentration of that ingredient; and

(iv) any prescribed information with respect to the hazardous product.

2015, c.31, s.3.

Information re hazardous product

3‑49 As soon as is practicable in the circumstances, an employer shall provide,

with respect to any hazardous product in a place of employment controlled by the

employer, any information mentioned in clause 3-48(e) that is in the possession of

the employer to any physician or registered nurse who requests that information

for the purpose of making a medical diagnosis of, or rendering medical treatment

to, a worker in an emergency.

2015, c.31, s.3.

Exemption from disclosure

3‑50(1) In accordance with subsections (2) and (3), an employer who is required,

pursuant to the regulations, to disclose any of the following information on a label or

safety data sheet may, if the employer considers that information to be condential

business information, claim an exemption from the requirement to disclose that

information:

(a) in the case of a material or substance that is a hazardous product:

(i) the chemical name of the material or substance;

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(ii) the number assigned to a chemical substance by the Chemical

Abstracts Service Division of the American Chemical Society, or any other

unique identier, of the material or substance; and

(iii) the chemical name of any impurity, solvent or stabilizing additive

that:

(A) is present in the material or substance;

(B) is classied in a category or subcategory of a health hazard

class pursuant to the Hazardous Products Act (Canada); and

in the health hazard class pursuant to that Act;

(b) in the case of an ingredient that is in a mixture that is a hazardous product:

(i) the chemical name of the ingredient;

(ii) the identication number assigned to a chemical substance by the

Chemical Abstracts Service Division of the American Chemical Society,

or any other unique identier, of the ingredient; and

(iii) the concentration or concentration range of the ingredient;

the name of any toxicological study that identies the material or substance

or any ingredient in the mixture;

(d) the product identier of a hazardous product, being its chemical name,

common name, generic name, trade name or brand name;

(e) information about a hazardous product, other than the product identier,

that constitutes a means of identication; and

(f) information that could be used to identify a supplier of a hazardous product.

(2) Subject to section 3-49, an employer described in subsection (1) may, if the

employer considers that information to be condential business information, claim

an exemption from the requirement to disclose that information in the same manner

and subject to the same terms and conditions as if the employer were an employer

to whom the Canada Labour Code applies.

(3) A claim for an exemption pursuant to subsection (2) may, in the discretion of

the Minister of Health for Canada, be heard and determined by an occupational

health ofcer or employee of that Minister in the same manner and subject to the

same terms and conditions as if the employer were an employer to whom the Canada

Labour Code applies.

(4) An appeal by a claimant or any affected party of a decision pursuant to

subsection (3) may, in the discretion of the Minister of Health for Canada, be heard

and determined by an appeal board in the same manner and subject to the same

terms and conditions as if the employer were an employer to whom the Canada

Labour Code applies.

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(5) The director of occupational health and safety may publish in The Saskatchewan

Gazette any notice respecting a claim for exemption or an appeal that would be

required pursuant to the Hazardous Materials Information Review Act (Canada) to

be published in the Canada Gazette as if the employer were an employer to whom

the Canada Labour Code applies.

2015, c.31, s.3.

Information condential

3‑51(1) Subject to subsections (2) and (3), no employee of the ministry and no

other person who assists in the administration of this Part shall, during his or her

employment or after the termination of his or her appointment or services, reveal

any manufacturing or trade secrets that may come to the knowledge of the employee

or other person in the course of his or her duties, except for the purposes of this Part

and the regulations made pursuant to this Part or as required by law.

(2) For the purposes of subsection (3), “condential information” means:

(a) information that, before the determination of a claim pursuant to

section 16 of the Hazardous Materials Information Review Act (Canada), is

claimed to be condential business information:

(i) pursuant to section 3-50, by an employer manufacturing or using a

hazardous product; or

(ii) pursuant to the Hazardous Materials Information Review Act

(Canada), by a supplier as dened in the Hazardous Products Act

(Canada); or

(b) information with respect to which, pursuant to section 16 of the Hazardous

Materials Information Review Act (Canada):

(i) a claim or portion of a claim for exemption pursuant to section 11

of the Hazardous Materials Information Review Act (Canada) has been

determined to be valid; and

(ii) compliance with the provisions of the Hazardous Products Act

(Canada) or the Canada Labour Code has not been ordered.

(3) Condential information is privileged and, notwithstanding any other Act or

law, shall not be disclosed to any other person unless the specic disclosure has

been expressly authorized by an order or decision issued pursuant to the Hazardous

Materials Information Review Act (Canada) or the appeal board, if:

(a) for the purposes of the administration or enforcement of this Part, the

information:

(i) is communicated to the Government of Saskatchewan or any agent

or employee of the Government of Saskatchewan pursuant to an order or

decision issued pursuant to the Hazardous Materials Information Review

Act (Canada); or

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(ii) is obtained by the Government of Saskatchewan or an agent or

employee of the Government of Saskatchewan pursuant to an order or

decision issued pursuant to the Hazardous Materials Information Review

Act (Canada) or an order or decision of the appeal board through the

inspection of or access to any book, record, writing or other document, of

the Minister of Health for Canada or appeal board; or

(b) the information is obtained by any person for the purposes of or through

the administration or enforcement of this Part, the Hazardous Products Act

(Canada) or the Hazardous Materials Information Review Act (Canada).

2013, c.S-15.1, s.3-51; 2015, c.31, s.3.

DIVISION 8

Appeals

Interpretation of Division

3‑52(1) In this Division:

(a) “adjudicator” means an adjudicator appointed pursuant to Part IV;

(b) “decision” includes:

(i) a decision to grant an exemption;

(ii) a decision to issue, afrm, amend or cancel a notice of contravention

or to not issue a notice of contravention; and

(iii) any other determination or action of an occupational health ofcer

that is authorized by this Part.

(2) In this Division and in Part IV, “person who is directly affected by a

decision” means any of the following persons to whom a decision of an occupational

health ofcer is directed and who is directly affected by that decision:

(a) a worker;

(b) an employer;

(d) a contractor;

(e) a prime contractor;

(f) an owner;

(g) a supplier;

(h) any other prescribed person or member of a category of prescribed persons;

but does not include any prescribed person or category of prescribed persons.

2013, c.S-15.1, s.3-52.

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Appeal of occupational health ofcer decision

3‑53(1) A person who is directly affected by a decision of an occupational health

ofcer may appeal the decision.

(2) An appeal pursuant to subsection (1) must be commenced by ling a written

notice of appeal with the director of occupational health and safety within 15 business

days after the date of service of the decision being appealed.

(3) The written notice of appeal must:

(a) set out the names of all persons who are directly affected by the decision

that is being appealed;

(b) identify and state the decision being appealed;

(d) set out the relief requested, including any request for the suspension of

all or any portion of the decision being appealed.

(4) Subject to subsection (10) and section 3-54, an appeal pursuant to subsection (1)

is to be conducted by the director of occupational health and safety.

(5) In conducting an appeal pursuant to subsection (1), the director of occupational

health and safety shall:

(a) provide notice of the appeal to persons who are directly affected by the

decision; and

(b) provide an opportunity to the persons who are directly affected by the

decision to make written representations to the director as to whether the

decision should be afrmed, amended or cancelled.

(6) The written representations by a person mentioned in clause (5)(b) must be

made within:

(a) 30 days after notice of appeal is provided to that person; or

(b) any further period permitted by the director of occupational health and

safety.

(7) The director of occupational health and safety is not required to give an oral

hearing with respect to an appeal pursuant to subsection (1).

(8) After conducting an appeal in accordance with this section, the director of

occupational health and safety shall:

(a) afrm, amend or cancel the decision being appealed; and

(b) provide written reasons for the decision made pursuant to clause (a).

(9) The director of occupational health and safety shall serve a copy of a decision

made pursuant to subsection (8) on all persons who are directly affected by the

decision.

(10) Instead of hearing an appeal pursuant to this section, the director of

occupational health and safety may refer the appeal to an adjudicator by forwarding

to the adjudicator:

(a) the notice of appeal;

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(b) all information in the director’s possession that is related to the appeal; and

2013, c.S-15.1, s.3-53.

Appeals re harassment or discriminatory action

3‑54(1) An appeal mentioned in subsection 3-53(1) with respect to any matter

involving harassment or discriminatory action is to be heard by an adjudicator in

accordance with Part IV.

(2) The director of occupational health and safety shall provide notice of the appeal

mentioned in subsection (1) to persons who are directly affected by the decision.

2013, c.S-15.1, s.3-54.

Providing appeal material to adjudicator

3‑55 In the case of an appeal mentioned in subsection 3-53(10) or section 3-54 that

is to be heard by an adjudicator, the director of occupational health and safety shall

forward to the adjudicator:

(a) the notice of appeal mentioned in subsection 3-53(2);

(b) all information in the director’s possession that is related to the appeal; and

to clause 3-53(5)(a) or subsection 3-54(2).

2013, c.S-15.1, s.3-55.

Appeal of director’s decision to adjudicator

3‑56(1) A person who is directly affected by a decision of the director of occupational

health and safety made pursuant to subsection 3-53(8) may appeal the decision to

an adjudicator in accordance with subsection (2) within 15 business days after the

date of service of the decision.

(2) An appeal pursuant to subsection (1) is to be commenced by ling a written

notice of appeal with the director of occupational health and safety that:

(a) sets out the names of all persons who are directly affected by the decision

being appealed;

(b) identies and states the decision being appealed;

(d) sets out the relief requested, including any request for the suspension of

all or any portion of the decision being appealed.

2013, c.S-15.1, s.3-56.

Decisions not stayed by appeals

3‑57(1) Subject to subsections (2) and (3), the commencement of an appeal pursuant

to section 3-53 or 3-56 does not stay the effect of a decision that is being appealed.

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(2) The director of occupational health and safety may, on the director’s own motion,

stay the effect of all or any portion of a decision if an appeal from that decision is

to be heard by the director.

(3) An adjudicator may, on the adjudicator’s own motion, stay the effect of all or any

portion of a decision if an appeal from that decision is to be heard by the adjudicator.

2013, c.S-15.1, s.3-57.

Discriminatory action during appeal

3‑58(1) This section applies if:

(a) a worker commences an appeal on the basis of a decision made by an

occupational health ofcer pursuant to subsection 3-33(2);

(b) the director of occupational health and safety or an adjudicator amends

the decision of the occupational health ofcer and decides that the act or series

of acts is or was unusually dangerous to the health or safety of the worker or

any other person at the place of employment; and

adjudicator, the employer has, on or after the day on which the occupational

health ofcer advised the employer and the worker of his or her decision

pursuant to subsection 3-33(2), taken discriminatory action against the

worker as a result of the worker’s refusal to perform certain acts pursuant to

section 3-31.

(2) In the circumstances mentioned in subsection (1), the director of occupational

health and safety or the adjudicator, as the case may be, may order an employer:

(a) to cease the discriminatory action;

(b) if the discriminatory action changed the worker’s employment status or

the terms and conditions of the worker’s employment, to reinstate the worker

to his or her former employment on the same terms and conditions under

which the worker was employed before the discriminatory action was taken;

wages of the worker, to pay to the worker any wages that the worker would have

earned if the discriminatory action had not been taken against the worker; and

(d) to remove any reprimand or other reference to the matter from any

employment records maintained by the employer with respect to that worker.

(3) The amount of money that the director of occupational health and safety or an

adjudicator may award pursuant to clause (2)(c) is to be reduced by an amount that

the director or adjudicator is satised that the worker earned or should have earned

during the period when the employer was required to pay the worker the wages.

(4) The employer has the onus of establishing the amount of the reduction

mentioned in subsection (3).

2013, c.S-15.1, s.3-58.

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DIVISION 9

Medical Examinations and Treatment

Medical examination

3‑59(1) With the consent of each worker being examined, the chief occupational

medical ofcer may carry out or arrange to have carried out by a physician or by a

qualied person at the expense of the employer any medical examinations of workers

that the chief occupational medical ofcer considers advisable for the purposes of

this Part.

(2) Medical examinations mentioned in subsection (1) may be conducted during

working hours without loss in pay to the worker or workers being examined, and

the employer shall:

(a) if required by the physician or other qualied person, provide suitable

accommodation at the place of employment for the examinations; and

(b) otherwise facilitate the performance of the examinations.

2013, c.S-15.1, s.3-59.

Condentiality

3‑60 A physician or other qualied person who conducts a medical examination

of a worker pursuant to section 3-59 shall not communicate, to the employer or to

any person other than the worker or the worker’s physician, any information that

the physician or qualied person becomes aware of during the course of the medical

examination unless the communication:

(a) is made to the chief occupational medical ofcer at the request of the chief

occupational medical ofcer;

(b) is expressly authorized by the worker; or

a particular person or case.

2013, c.S-15.1, s.3-60.

Power to require alternative work

3‑61 If it appears to the director of occupational health and safety on the advice

of the chief occupational medical ofcer that a worker has been overexposed to a

harmful substance and that a temporary removal from the hazard will enable the

worker to resume his or her usual work, the director of occupational health and safety

may order the employer to provide, without loss of pay to the worker, temporary

alternative work that, in the opinion of the director, is suitable, for any period that

the director may specify.

2013, c.S-15.1, s.3-61.

Reports to be provided by physician, hospital, etc.

3‑62(1) This section applies to:

(a) a worker or self-employed person who became ill or injured while employed

at a place of employment or while being otherwise engaged in an occupation; or

(b) a worker who has been examined pursuant to section 3-59.

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(2) Every physician or other qualied person who is attending or who has been

consulted respecting a worker or self-employed person mentioned in subsection (1)

shall, on the request of the chief occupational medical ofcer, provide the chief

occupational medical ofcer with any reports concerning the condition of the worker

or self-employed person that the chief occupational medical ofcer may require for

the purposes of this Part.

(3) Notwithstanding any other Act or law, if a worker or self-employed person

mentioned in subsection (1) is or has been a patient in a hospital, the person in

charge of the administrative affairs of that hospital shall, on request and without

charge, provide to the chief occupational medical ofcer any reports concerning the

condition of the worker or self-employed person that the chief occupational medical

ofcer may require for the purposes of this Part.

2013, c.S-15.1, s.3-62.

DIVISION 10

Inspections, Inquiries and Investigations

Inspections

3‑63(1) Subject to subsection (4), an occupational health ofcer may enter any

premises, place of employment, worksite or vehicle and conduct an inspection for

the purpose of:

(a) preventing work-related incidents, injuries or illnesses;

(b) ascertaining the cause and particulars of a work-related incident, injury

or illness or of an incident that had the potential to cause a work-related

incident, injury or illness;

health and safety; or

(d) determining whether there is compliance with this Part, the regulations

made pursuant to this Part, a compliance undertaking, a notice of contravention

or an order issued pursuant to a prescribed Act or regulation.

(2) An inspection may be conducted:

(a) at any reasonable time; or

(b) at any other time if the occupational health ofcer has reasonable grounds

to believe that a situation exists that is or may be hazardous to workers.

(3) When conducting an inspection in accordance with subsection (1), an

occupational health ofcer may do all or any of the following things:

(a) make any inquiry the ofcer considers appropriate;

(b) require the use of any machinery, equipment, appliance or thing located

at the place or premises to be demonstrated;

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ofcer considers necessary or advisable;

(d) take one or more persons to any place to assist the ofcer and make

arrangements with the person in charge of the place for those persons to

re-enter the place to perform specied duties;

(e) require the production of, inspect and make copies of any books, records,

papers or documents or of any entry in those books, records, papers or

documents required to be kept by this Part or the regulations made pursuant

to this Part;

(f) require the production of, inspect and make copies of any existing records

related to training workers on matters related to occupational health and safety;

(g) subject to subsection (5), remove any books, records, papers or documents

examined pursuant to this section for the purpose of making copies where a

copy is not readily available, if a receipt is given;

(h) require any person whom the ofcer nds in or at a place of employment to

provide the ofcer with any information the person has respecting the identity

of the employer at that place of employment;

(i) require any person to provide the ofcer with all reasonable assistance,

including using any computer hardware or software or any other data storage,

processing or retrieval device or system to produce information;

(j) in order to produce information and records mentioned in this subsection,

use any computer hardware or software or any other data storage, processing

or retrieval device or system that is used by the person required to deliver the

information and records.

(4) An occupational health ofcer shall not enter a private dwelling without a

warrant issued pursuant to section 3-68 unless the occupant of the dwelling consents

to the entry.

(5) An occupational health ofcer who removes any books, records, papers or

documents pursuant to this section for the purpose of making copies shall:

(a) make those copies as soon as is reasonably possible; and

(b) promptly return the books, records, papers or documents from which the

copies were made to:

(i) the place from which they were removed; or

(ii) any other place that may be agreed to by the ofcer and the person

who produced them.

2013, c.S-15.1, s.3-63.

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Obtaining information

3‑64(1) For the purpose of obtaining any information that is required to determine

compliance with this Part or the regulations made pursuant to this Part or is

otherwise required for the performance of the duties or the exercise of the powers

of the director of occupational health and safety, an occupational health ofcer,

the chief occupational medical ofcer or the chief mines inspector, the director of

occupational health and safety may direct any person to provide the director with

any information in any form and manner and within any time that the director

may specify.

(2) In the prescribed circumstances, an employer shall compile occupationally

related injury and illness statistics for the place of employment.

(3) An employer shall:

(a) compile statistics in the prescribed manner; and

(b) ensure that the compilation of the statistics pursuant to clause (a) includes

the prescribed matters.

(4) The statistics must be compiled and provided in a manner that protects the

condentiality of workers.

(5) The employer shall:

(a) post the statistics for the information of workers; and

(b) provide the statistics to:

(i) if there is an occupational health committee, the occupational health

committee;

(ii) if there is an occupational health and safety representative, the

occupational health and safety representative; or

(iii) if there is no occupational health committee or occupational health

and safety representative, the workers.

2013, c.S-15.1, s.3-64.

Report re condition of plant

3‑65(1) If the director of occupational health and safety is of the opinion that the

health and safety of a worker may be at risk as a consequence of the condition of a

plant, the director may issue a written direction to an employer, contractor, owner

or supplier requiring the employer, contractor, owner or supplier:

(a) to have, at the employer’s, contractor’s, owner’s or supplier’s own expense,

a person with the qualications that the director may specify in the direction

conduct those tests or examinations that the director may require in the

direction; and

(b) to provide the director with a written report by the qualied person

mentioned in clause (a) setting out the results of those tests or examinations.

(2) No employer, contractor, owner or supplier shall fail to comply with a written

direction issued to the employer, contractor, owner or supplier pursuant to this

section.

2013, c.S-15.1, s.3-65.

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Requirement to perform tests or examinations

3‑66(1) If the director of occupational health and safety is of the opinion that the

health and safety of a worker may be at risk from a biological substance or chemical

substance at work, the director may issue a written direction to an employer or

owner requiring the employer or owner:

(a) to have, at the employer’s or owner’s own expense, a person with the

qualications that the director may specify in the direction conduct those tests

or examinations that the director may require in the direction; and

(b) to provide the director with a written report by the qualied person

mentioned in clause (a) setting out the results of those tests or examinations.

(2) No employer or owner shall fail to comply with a written direction issued to

the employer or owner pursuant to this section.

2013, c.S-15.1, s.3-66.

Inquiry

3‑67(1) Subject to subsection (2), an occupational health ofcer may require any

person who the occupational health ofcer has reasonable cause to believe possesses

any information respecting a work related fatality, serious injury or allegation of

harassment to attend an interview and provide full and correct answers to any

questions that the occupational health ofcer believes it necessary to ask.

(2) An interview held pursuant to subsection (1) is to be held in the absence of

persons other than:

(a) a person nominated to be present by the person being interviewed; and

(b) any other persons whom the occupational health ofcer may allow to be

present.

(3) No person shall fail to comply with a requirement imposed on the person

pursuant to this section.

2013, c.S-15.1, s.3-67.

Investigations

3‑68(1) If a justice or a provincial court judge is satised by information under

oath that there are reasonable grounds to believe that an offence against this Part

or the regulations made pursuant to this Part has occurred and that evidence of

that offence is likely to be found, the justice or the provincial court judge may issue

a warrant to do all or any of the following:

(a) enter and search any place or premises named in the warrant;

(b) stop and search any vehicle described in the warrant;

that may be evidence of an offence against this Part or the regulations made

pursuant to this Part;

(d) carry out any other activities mentioned in subsection (2).

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(2) With a warrant issued pursuant to subsection (1), an occupational health

ofcer may:

(a) enter at any time and search any place or premises named in the warrant;

(b) stop and search any vehicle named in the warrant;

cupboard or other receptacle that the ofcer nds in the place, premises or

vehicle;

(d) require the production of and examine any records or property that the

ofcer believes, on reasonable grounds, may contain information related to

an offence against this Part or the regulations made pursuant to this Part;

(e) remove, for the purpose of making copies, any records examined pursuant

to this section;

(f) require the use of any machinery, equipment, appliance or thing located

at the place or premises to be demonstrated;

(g) conduct any tests, take any samples and make any examinations that the

ofcer considers necessary or advisable; and

(h) seize and remove from any place, premises or vehicle searched anything

that may be evidence of an offence against this Part or the regulations made

pursuant to this Part.

(3) Subject to subsection (4) an occupational health ofcer may exercise all or any

of the powers mentioned in subsection (2) without a warrant issued pursuant to

subsection (1) if:

(a) the conditions for obtaining a warrant exist; and

(b) the ofcer has reasonable grounds to believe that the delay necessary to

obtain a warrant would result:

(i) in danger to human life or safety; or

(ii) in the loss, removal or destruction of evidence.

(4) An occupational health ofcer shall not enter any private dwelling without the

consent of the occupant or a warrant issued pursuant to this section.

2013, c.S-15.1, s.3-68.

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DIVISION 11

Councils, Workers’ Compensation Board and Director’s Decisions

Occupational Health and Safety Council

3‑69(1) The Occupational Health and Safety Council is continued.

(2) The Occupational Health and Safety Council consists of a maximum of nine

members, including:

(a) a chairperson appointed by the Lieutenant Governor in Council; and

(b) an even number of members appointed by the Lieutenant Governor in

Council, half of whom represent workers and half of whom represent employers.

(3) The minister shall:

(a) from a list of nominees provided to the minister by labour organizations,

recommend persons for appointment as members who represent workers; and

(b) from a list of nominees provided to the minister by employer associations,

recommend persons for appointment as members who represent employers.

(4) Members of the Occupational Health and Safety Council:

(a) hold ofce at pleasure for a term not exceeding three years and until a

successor is appointed; and

(b) may be reappointed.

(5) A majority of the members of the Occupational Health and Safety Council

constitute a quorum if at least two members who represent workers and two members

who represent employers are present.

2013, c.S-15.1, s.3-69.

Duties of Occupational Health and Safety Council

3‑70(1) The Occupational Health and Safety Council is to meet at the call of the

minister or the chairperson, but, in any case, must meet at least once in each year.

(2) The Occupational Health and Safety Council shall:

(a) consider the following matters:

(i) occupational health and safety generally and the protection of workers

and self-employed persons;

(ii) the appointment of advisory committees by the minister to assist in

the administration of this Part;

(iii) any matter relating to occupational health and safety on which

the minister seeks the opinion of the Occupational Health and Safety

Council; and

(b) give advice or make recommendations to the minister on any matter

mentioned in this subsection.

(3) At the request of the minister and when a review of this Part is required by

section 9-13, the Occupational Health and Safety Council shall:

(a) review the adequacy of this Part and its administration; and

(b) report its ndings and recommendations to the minister.

2013, c.S-15.1, s.3-70.

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Farm Health and Safety Council

3‑71(1) The Farm Health and Safety Council is continued.

(2) The Farm Health and Safety Council consists of:

(a) a chairperson appointed by the Lieutenant Governor in Council; and

(b) not more than eight other members appointed by the Lieutenant Governor

in Council.

(3) A majority of the members of the Farm Health and Safety Council are to be

persons who operate or work on a farm.

(4) Each person appointed pursuant to subsection (2) is to be a person who:

(a) is associated with farming; and

(b) in the opinion of the Lieutenant Governor in Council, possesses particular

knowledge and experience that would assist the Farm Health and Safety

Council in advising on matters related to:

(i) the promotion of the health or safety of persons on farms; or

(ii) the protection of persons on farms.

(5) Members of the Farm Health and Safety Council:

(a) hold ofce at pleasure for a term not exceeding three years and until a

successor is appointed; and

(b) may be reappointed.

(6) A majority of the members of the Farm Health and Safety Council constitute

a quorum if:

(a) at least half of that majority consists of members who operate or work

on a farm; and

(b) at least two members who do not operate or work on a farm are present.

2013, c.S-15.1, s.3-71.

Duties of Farm Health and Safety Council

3‑72(1) The Farm Health and Safety Council is to meet at the call of the minister

or the chairperson, but, in any case, must meet at least once in each year.

(2) The Farm Health and Safety Council shall:

(a) consider the following matters:

(i) the promotion of the health or safety of persons on farms and the

protection of persons on farms;

(ii) any matter relating to the health or safety of persons on farms or the

protection of persons on farms on which the minister seeks the opinion

of the Farm Health and Safety Council; and

(b) give advice or make recommendations to the minister on any matter

mentioned in this subsection.

2013, c.S-15.1, s.3-72.

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Certain matters re councils and administration of this Part

3‑73(1) The minister may:

(a) approve, with or without modication, any recommendation made to

the minister by the Occupational Health and Safety Council pursuant to

section 3-70 or by the Farm Health and Safety Council pursuant to section 3-72;

(b) call a meeting of the Occupational Health and Safety Council pursuant to

section 3-70 or the Farm Health and Safety Council pursuant to section 3-72;

professionally or technically qualied to advise the minister or to assist in the

administration of this Part and the regulations made pursuant to this Part;

(d) direct the director of occupational health and safety or the chief

occupational medical ofcer, or authorize any other person, to investigate and

make a special report to the minister on any matter concerning occupational

health and safety; and

(e) appoint a person to conduct a public or private inquiry into any matter

concerning occupational health and safety.

(2) Members of the Occupational Health and Safety Council and the Farm Health

and Safety Council, members of advisory committees appointed pursuant to

subsection (1), consultants and investigators appointed pursuant to subsection (1)

and persons carrying out medical examinations pursuant to section 3-59 and making

medical reports pursuant to section 3-62 are entitled to the following:

(a) except for those persons who are members of the public service of

Saskatchewan, remuneration for their services at the rates approved by the

Lieutenant Governor in Council;

(b) reimbursement for their expenses incurred in the performance of their

responsibilities at rates approved for members of the public service.

(3) Persons appointed by the minister pursuant to clause (1)(e) have all the powers

of commissioners pursuant to sections 11, 15 and 25 of The Public Inquiries Act, 2013.

2013, c.S-15.1, s.3-73; 2014, c.27, s.5.

Costs of administration of this Part

3‑74(1) On or before June 30 in each year, the minister shall advise the Workers’

Compensation Board of the estimated cost for that calendar year of the administration

of this Part and the regulations made pursuant to this Part.

(2) On being advised of the estimated cost for a calendar year pursuant to

subsection (1), the Workers’ Compensation Board shall, on or before January 31 of

the following year, pay into the general revenue fund with respect to those costs the

sum that the minister may direct, not exceeding the actual costs of the administration

of this Part and the regulations made pursuant to this Part.

2013, c.S-15.1, s.3-74.

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Forwarding information to Workers’ Compensation Board

3‑75(1) Subject to subsection (2) and to the regulations made pursuant to this

Part, the director of occupational health and safety may forward to the Workers’

Compensation Board any information respecting the occupational health and safety

practices of an employer or any category of employers that the director considers

appropriate for the purpose of improving occupational health and safety.

(2) Not less than 14 days before information is forwarded to the Workers’

Compensation Board, the director of occupational health and safety shall send to

an employer who is the subject of the information a copy of the information being

forwarded that has not been previously provided to the employer.

2013, c.S-15.1, s.3-75.

Director’s decisions to be posted

3‑76(1) The director of occupational health and safety shall cause the following

documents to be posted in at least two conspicuous locations at the place of

employment of every worker or self-employed person who is or may be directly

affected by the exemption, decision or stay of a decision:

(a) a notice of any exemption granted by the director pursuant to

subsection 3-17(2) or section 3-85;

(b) a copy of any decision of the director and the written reasons for the

decision provided pursuant to subsection 3-53(8);

a decision pursuant to section 3-57.

(2) No person shall remove, alter, damage or deface any notice or other document

posted pursuant to subsection (1) without the prior authorization of an occupational

health ofcer or the director of occupational health and safety.

2013, c.S-15.1, s.3-76.

Promptness of decisions

3‑77 A decision that is required to be made pursuant to this Part or the regulations

made pursuant to this Part by an occupational health ofcer or the director of

occupational health and safety must be made as soon as is reasonably possible.

2013, c.S-15.1, s.3-77.

DIVISION 12

Offences and Penalties

Offences

3‑78 No person shall:

(a) fail to comply with any term or condition imposed on that person by a

notice of contravention;

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(b) intentionally obstruct the director of occupational health and safety, the

chief occupational medical ofcer, the chief mines inspector or an occupational

health ofcer in the exercise of his or her powers or the performance of his or

her duties;

and safety, the chief occupational medical ofcer, the chief mines inspector

or an occupational health ofcer in the exercise of his or her powers or the

performance of his or her duties;

(d) make or cause to be made a false entry in any register, book, notice or

other document to be kept by the person pursuant to this Part or the regulations

made pursuant to this Part, or delete or destroy any true or proper entry in

any of those documents;

(e) take discriminatory action against a worker contrary to section 3-35;

(f) fail to comply with an order, decision or direction made pursuant to this

Part or the regulations made pursuant to this Part; or

(g) fail to comply with any provision of this Part or any provision of the

regulations made pursuant to this Part.

2013, c.S-15.1, s.3-78.

Penalties

3‑79(1) Subject to subsection (2), every person who is guilty of an offence mentioned

in clause 3-78(b), (d) or (f) that does not cause and is not likely to cause the death

of or serious injury to a worker is liable on summary conviction to a ne not

exceeding $4,000.

(2) Every person who is guilty of an offence mentioned in clause 3-78(f) because

of a failure by the person to comply with a decision or order of the director of

occupational health and safety pursuant to section 3-53 or with a decision or order

of an adjudicator is liable on summary conviction, in addition to any other ne or

penalty imposed pursuant to this Act:

(a) to a ne not exceeding $10,000; and

(b) to a further ne not exceeding $1,000 for each day or portion of a day

during which the offence continues.

(3) Every person who is guilty of an offence mentioned in clause 3-78(a), (e) or (g)

that does not cause and is not likely to cause the death of or serious injury to a worker

is liable on summary conviction to the appropriate ne set out in subsection (4).

(4) A person who is convicted of an offence mentioned in subsection (3) is liable:

(a) for a rst offence:

(i) that is a single, isolated offence, to a ne not exceeding $20,000;

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(ii) that is a continuing offence:

(A) to a ne not exceeding $20,000; and

(B) to a further ne not exceeding $2,000 for each day or portion

of a day during which the offence continues;

(b) for a second or subsequent offence:

(i) that is a single, isolated offence, to a ne not exceeding $40,000;

(ii) that is a continuing offence:

(A) to a ne not exceeding $40,000; and

(B) to a further ne not exceeding $4,000 for each day or portion

of a day during which the offence continues.

(5) Every person who is guilty of an offence mentioned in section 3-78 that does

not cause but is likely to cause the death of or serious injury to a worker is liable

on summary conviction to the appropriate ne set out in subsection (6).

(6) A person who is convicted of an offence mentioned in subsection (5) is liable:

(a) for a rst offence:

(i) that is a single, isolated offence, to a ne not exceeding $100,000;

(ii) that is a continuing offence:

(A) to a ne not exceeding $100,000; and

(B) to a further ne not exceeding $10,000 for each day or portion

of a day during which the offence continues;

(b) for a second or subsequent offence:

(i) that is a single, isolated offence, to a ne not exceeding $200,000;

(ii) that is a continuing offence:

(A) to a ne not exceeding $200,000; and

(B) to a further ne not exceeding $20,000 for each day or portion

of a day during which the offence continues.

(7) Subject to subsection (9), every person who is guilty of an offence mentioned

in section 3-78 that causes the death of or serious injury to a worker is liable on

summary conviction to a ne not exceeding $500,000.

(8) If an individual is convicted of an offence mentioned in subsection (7), the

convicting judge may, in addition to imposing a ne, order that the convicted

individual be imprisoned for a term not exceeding two years.

(9) If a corporation is convicted of an offence mentioned in subsection (7),

the convicting judge may order that the convicted corporation pay a ne not

exceeding $1,500,000 if the convicting judge is satised that it is appropriate to do

so having regard to:

(a) the need to achieve general deterrence;

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(b) the number of previous convictions imposed on the convicted corporation;

number of previous compliance undertakings entered into by, the convicted

corporation; and

(d) the degree of responsibility of the convicted corporation, including

considering the number of employees employed by the convicted corporation.

2013, c.S-15.1, s.3-79.

Onus on accused re duty or requirement

3‑80 In any proceedings for an offence pursuant to this Part or the regulations made

pursuant to this Part respecting a failure to comply with a duty or requirement to

do something so far as is practicable or so far as is reasonably practicable, or to use

the best practicable means to do something, the onus is on the accused to prove, as

the case may be, that:

(a) it was not practicable or not reasonably practicable to do more than was

actually done to satisfy the duty or requirement; or

(b) there was no better practicable means than was actually used to satisfy

the duty or requirement.

2013, c.S-15.1, s.3-80.

Onus on accused re training of workers

3‑81 In any proceedings for an offence pursuant to this Part or the regulations made

pursuant to this Part consisting of a failure to comply with a duty or requirement

related to the training of workers, the onus is on the accused to prove that the

training provided met the requirements of this Part and the regulations made

pursuant to this Part.

2013, c.S-15.1, s.3-81.

Limitation on prosecution

3‑82 No prosecution with respect to an alleged offence pursuant to this Part or

to the regulations made pursuant to this Part is to be commenced after two years

from the day of the commission of the alleged offence.

2013, c.S-15.1, s.3-82.

DIVISION 13

Regulations and Codes of Practice

Regulations for Part

3‑83(1) The Lieutenant Governor in Council may make regulations:

(a) prescribing the standards to be established and maintained by specied

persons for the protection of the health and safety of workers and self-employed

persons at any place of employment;

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(b) prescribing the contents of occupational health and safety programs;

workers;

(d) prescribing measures that employers must take to carry out their duties

pursuant to section 3-8;

(e) for the purposes of section 3-13:

(i) prescribing the circumstances in which a prime contractor must be

appointed;

(ii) prescribing the manner in which a prime contractor must be

determined; and

(iii) prescribing the activities to be carried out by a prime contractor;

(f) for the purposes of clause 3-15(b):

(i) prescribing circumstances when a supplier must act in accordance

with that clause; and

(ii) prescribing standards that equipment must be in compliance with;

(g) for the purposes of section 3-21:

(i) prescribing places of employment respecting which an employer

shall develop and implement a written policy statement and prevention

plan; and

(ii) prescribing provisions that must be included in a policy statement

and prevention plan;

(h) for the purposes of section 3-23, respecting the establishment of additional

occupational health committees and governing the powers of the director of

occupational health and safety in ordering the establishment of additional

occupational health committees;

(h.1) for the purposes of clause 3-47(g), dening data safety sheet;

(h.2) for the purposes of section 3-48, prescribing exemptions;

(h.3) for the purposes of clause 3-48(a), prescribing standards;

(h.4) for the purposes of clause 3-48(b), prescribing the manner in which

biological substances and chemical substances must be stored, handled and

disposed of;

(h.5) for the purposes of clause 3-48(c), prescribing the manner in which

biological substances and chemical substances must be identied;

(h.6) for the purposes of clause 3-48(d), prescribing information that must

be applied and prescribing pictograms and prescribing the manner in which

pictograms must be displayed;

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(h.7) for the purposes of clause 3-48(e), prescribing the extent to which and the

manner in which safety data sheets are made available and other information

respecting a hazardous product that is to be disclosed in a safety data sheet;

(i) for the purposes of subsection 3-52(2):

(i) prescribing persons or categories of persons as persons directly

affected by a decision of an occupational health ofcer; and

(ii) prescribing persons or categories of person who are not persons

directly affected by a decision of an occupational health ofcer;

(j) regulating or prohibiting the manufacture, supply, storage, keeping or

use of any biological substance or chemical substance or any plant and the

carrying on of any process, procedure or undertaking;

(k) if necessary to ensure the health and safety of workers and self-employed

persons, imposing requirements with respect to the design, construction,

guarding, siting, installation, commissioning, examination, repair,

maintenance, alteration, adjustment, dismantling, demolition, testing,

inspection or use of any plant;

(l) imposing requirements with respect to the marking of any plant or any

articles or equipment used or made at any plant and regulating or restricting

the use of specied markings;

(m) imposing requirements with respect to the testing or examination of any

substance produced, used, stored or otherwise found at a place of employment;

(n) imposing requirements with respect to the labelling of, and disclosure

of information respecting, any substance produced, used, stored or otherwise

found at a place of employment;

(o) if necessary to ensure the health and safety of workers, regulating the

employment of or requiring the provision of alternative work for:

(i) any worker sensitized to any biological substance or chemical

substance in the place of employment;

(ii) any pregnant worker; or

(iii) any other person;

(p) if necessary to ensure the health and safety of workers and self-employed

persons, restricting the performance of specied functions to persons possessing

specied qualications or experience;

(q) requiring the making of arrangements to promote the health of workers,

including arrangements for medical examinations and health surveys;

(r) requiring the registration of workers exposed to contaminants at a place

of employment;

(s) requiring the making of arrangements to:

(i) monitor the atmospheric or other conditions in which persons work;

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(ii) determine and record the exposure of workers to biological substances

or chemical substances, processes or physical agents at the place of

employment; or

(iii) provide for the registration of workers exposed to any biological

substance or chemical substance, process or physical agent at the place

of employment;

(t) respecting and governing any matter affecting the conditions in which

persons work, including:

(i) the structural condition and stability of places of employment;

(ii) the means of access to and exit from places of employment;

(iii) the cleanliness, temperature, lighting, ventilation, adequacy of work

space, noise levels and vibrations at places of employment; and

(iv) the existence of dust and fumes at places of employment;

(u) respecting the provision of vaccinations against diseases associated with

any occupation or category of occupations to any worker or worker in a category

of workers who chooses to receive the vaccination;

(v) providing for minimum standards of certain welfare facilities for

workers, including an adequate water supply, sanitary and washing facilities,

transportation and rst-aid arrangements for sick or injured workers,

cloakroom accommodation, sitting facilities and lunchroom facilities;

(w) imposing requirements with respect to the provision and use in specied

circumstances of protective clothing or equipment, including clothing affording

protection against the hazards of work and against unusual exposure to the

weather;

(x) imposing requirements with respect to the instruction, training and

supervision of workers;

(y) respecting smoking or the prohibition of smoking in any place of

employment, including the designation of the areas in which smoking will be

permitted at a place of employment;

(z) requiring reports to be made to the director of occupational health and

safety;

(aa) prescribing the contents of any report to be made to the minister;

(bb) requiring the posting, provision, availability or distribution of specied

information, instructions, notices, documents, signs or posters;

(cc) prescribing any information, instructions, notices, documents, signs or

posters that are to be posted, provided, made available or distributed pursuant

to any provision of this Part;

(dd) imposing requirements with respect to the keeping, preservation and

submission of records and other documents necessary for the administration

of this Part, including:

(i) the specications, plans and maps of any plant, process or procedure;

(ii) any document containing a description of the composition of any

substance;

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(iii) records of any atmospheric condition in a plant; and

(iv) records of worker exposure to a biological substance or chemical

substance, process or physical agent at a place of employment;

(ee) requiring prompt notication of specied kinds of occupational injuries,

illnesses and dangerous occurrences and prescribing actions to be taken or not

to be taken to facilitate inquiry into and prevention of recurrences of those

injuries, illnesses and dangerous occurrences and prescribing to whom notice

must be given;

(ff) specifying conditions under which potentially hazardous work may be

performed;

(gg) requiring notice to the director of occupational health and safety

respecting any person, premises or thing employed or used in specied

hazardous activities as a condition of initiating or carrying on any of those

activities;

(hh) requiring the establishment of one or more occupational health

committees by one or more employers, contractors or owners with respect to

workers, work activities or places of employment;

(ii) imposing duties on any person required to establish an occupational

health committee with respect to the selection of members, the duties and

responsibilities or the operation of the occupational health committee;

(jj) respecting the composition, duties and functions of occupational health

committees, the duties and functions of occupational health and safety

representatives and the participation of workers in inspections, investigations

and related matters;

(kk) respecting the safety of any transportation provided by any prescribed

person for use by workers;

(ll) establishing and imposing requirements for any place of employment

according to the type of activities carried on, the number of workers, the

degree of hazard to the health and safety of workers and other persons, or the

frequency and seriousness of accidents and occupational diseases at the place

of employment;

(mm) prescribing places of employment or categories of places of employment

at which an employer is required to develop and implement a policy statement

with respect to potentially violent situations and prescribing provisions that

must be incorporated in the policy statement;

(nn) respecting or prescribing the conditions under which a licence, certicate

or permit may be issued, suspended or cancelled;

(oo) respecting the forwarding of information to the Workers’ Compensation

Board by the director of occupational health and safety pursuant to section 3-75;

(pp) prescribing additional powers of the chief mines inspector;

(qq) for the purposes of section 3-64:

(i) prescribing the circumstances in which an employer must compile,

post and provide statistics;

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(ii) prescribing the manner in which statistics must be compiled; and

(iii) prescribing the matters to be included in the compilation of statistics;

(rr) prescribing or governing any other matter or thing required or authorized

by this Part to be prescribed or governed in the regulations;

(ss) respecting any other matter or thing that the Lieutenant Governor in

Council considers necessary or advisable to carry out the intent of this Part.

(2) Any regulation made pursuant to this section may be made to apply:

(a) to all persons, to one or more persons or to one or more categories of

persons; or

(b) to all places of employment or worksites, to one or more places of

employment or worksites or to categories of places of employment or worksites.

(3) Subject to subsection (4), no regulation made pursuant to this section comes

into force until a period of not less than 60 days has elapsed after it is published in

The Saskatchewan Gazette.

(4) Subsection (3) does not apply if, in the opinion of the Lieutenant Governor in

Council:

(a) an emergency exists;

(b) a delay in the coming into force of a regulation would be contrary to the

public interest; or

2013, c.S-15.1, s.3-83; 2015, c.31, s.4.

Codes of practice

3‑84(1) For the purpose of providing practical guidance with respect to the

requirements of any provision of this Part or the regulations made pursuant to this

Part, the director of occupational health and safety may, after any consultation with

interested persons or associations that the director considers advisable:

(a) issue codes of practice; and

(b) amend or repeal any code of practice issued pursuant to clause (a).

(2) If a code of practice is issued, amended or repealed, the director of occupational

health and safety shall publish a notice in The Saskatchewan Gazette identifying

the code of practice, specifying the provisions of this Part or the regulations made

pursuant to this Part to which it relates and stating the effective date of the code

of practice, amendment or repeal.

(3) The failure by a person to observe any provision of a code of practice is not of

itself an offence.

(4) If a person is charged with a contravention of this Part or a regulation made

pursuant to this Part with respect to which the director of occupational health and

safety has issued a code of practice, the code of practice is admissible as evidence

in a prosecution for the contravention.

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(5) A copy of a code of practice or an amendment to a code of practice that is certied

to be a true copy by the director of occupational health and safety is admissible in

evidence in any court without proof of the signature, appointment or authority of

the director.

2013, c.S-15.1, s.3-84.

Exemptions

3‑85(1) In order to meet the special circumstances in a particular case, the director

of occupational health and safety may, on receipt of a written application and after

any consultation with interested persons that the director considers advisable,

exempt conditionally or otherwise any person or category of persons from any

provision of the regulations made pursuant to this Part or a code of practice.

(2) An exemption pursuant to subsection (1) is to be made only if the director of

occupational health and safety is satised that the standard of health and safety

of any worker is not materially affected by the exemption.

2013, c.S-15.1, s.3-85.

DIVISION 14

Transitional

3‑86(1) In this section, “former Act” means The Occupational Health and Safety

Act, 1993 as that Act existed on the day before the coming into force of this section.

(2) All notices of contravention that were issued and compliance undertakings that

were entered into by an employer pursuant to the former Act that are in existence

on the day before the coming into force of this section are continued and may be

dealt with pursuant to this Part as if they had been issued or entered into pursuant

to this Part.

(3) All codes of practice that were issued by the director of occupational health

and safety pursuant to section 45 of the former Act that are in existence on the day

before the coming into force of this section are continued and may be dealt with

pursuant to this Part as if they had been issued pursuant to this Part.

(4) All designations, orders, exemptions and approvals granted by the director of

occupational health and safety pursuant to the former Act that are in existence on

the day before the coming into force of this section are continued and may be dealt

with pursuant to this Part as if they had been granted pursuant to this Part.

(5) The members of the Occupational Health and Safety Council and the members of

the Farm Health and Safety Council immediately before the coming into force of this

section are continued as members of the respective councils until new appointments

are made pursuant to this Part.

2013, c.S-15.1, s.3-86.

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PART IV

Appeals and Hearings re Parts II, III and V

Adjudicators

4‑1(1) After any consultation by the minister with labour organizations and

employer associations that the minister considers appropriate, the Lieutenant

Governor in Council may appoint as adjudicators for the purpose of hearing appeals

or conducting hearings pursuant to Parts II, III and V one or more individuals who

possess the prescribed qualications.

(2) An adjudicator appointed pursuant to subsection (1):

(a) holds ofce at pleasure for a term not exceeding three years and until a

successor is appointed; and

(b) may be reappointed.

(3) If the term of an adjudicator expires after the adjudicator has begun hearing

a matter but before the hearing is completed, the adjudicator may continue with

the hearing as if his or her term had not expired, and the decision is effective as

though he or she still held ofce.

(4) Adjudicators are to be paid:

(a) remuneration for their services at the rates approved by the Lieutenant

Governor in Council; and

(b) reimbursement for their expenses incurred in the performance of their

responsibilities at rates approved for members of the public service.

2013, c.S-15.1, s.4-1; 2020, c 12, s.8.

Adjudicator’s duties

4‑2 An adjudicator shall:

(a) hear and decide appeals pursuant to Part II and conduct hearings pursuant

to Division 5 of Part II;

(b) hear and decide appeals pursuant to Division 8 of Part III;

(d) carry out any other prescribed duties.

2020, c 12, s.9.

Selection of adjudicator

4‑3(1) In this section and sections 4-4 and 4-7, “registrar” means an employee

of the ministry who is designated as the registrar by the chairperson of the board.

(2) The director of employment standards and the director of occupational

health and safety shall inform the board of an appeal or hearing to be heard by an

adjudicator.

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(3) On being informed of an appeal or hearing pursuant to subsection (2) and in

accordance with any regulations made pursuant to this Part, the registrar shall

select an adjudicator.

2016 c 17 s 5; 2020, c 12, s.10.

Procedures on appeals

4‑4(1) After selecting an adjudicator pursuant to section 4-3 and in accordance

with any regulations made pursuant to this Part, the registrar shall:

(a) in consultation with the adjudicator and the parties, set a time, day and

place for the hearing of the appeal or the hearing; and

(b) give written notice of the time, day and place for the appeal or the hearing

to:

(i) in the case of an appeal or hearing pursuant to Part II:

(A) the director of employment standards;

(B) the employer;

and

(D) if a claim is made against any corporate directors, those

corporate directors;

(ii) in the case of an appeal or hearing pursuant to Part III:

(A) the director of occupational health and safety; and

(B) all persons who are directly affected by the decision being

appealed; and

(iii) in the case of an appeal or hearing pursuant to Part V:

(A) the director of occupational health and safety; and

(B) all persons who are directly affected by the decision

being appealed.

(2) Subject to the regulations, an adjudicator may determine the procedures by

which the appeal or hearing is to be conducted.

(3) An adjudicator is not bound by the rules of law concerning evidence and may

accept any evidence that the adjudicator considers appropriate.

(4) An adjudicator may determine any question of fact that is necessary to the

adjudicator’s jurisdiction.

(5) A technical irregularity does not invalidate a proceeding before or by an

adjudicator.

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(6) Notwithstanding that a person who is directly affected by an appeal or a hearing

is neither present nor represented, if notice of the appeal or hearing has been given

to the person pursuant to subsection (1), the adjudicator may proceed with the appeal

or the hearing and make any decision as if that person were present.

(7) The Arbitration Act, 1992 does not apply to adjudications conducted pursuant

to this Part.

2013, c.S-15.1, s.4-4; 2016 c 17 s 6; 2020, c 12,

s.11.

Powers of adjudicator

4‑5(1) In conducting an appeal or a hearing pursuant to this Part, an adjudicator

has the following powers:

(a) to require any party to provide particulars before or during an appeal or

a hearing;

(b) to require any party to produce documents or things that may be relevant

to a matter before the adjudicator and to do so before or during an appeal or

a hearing;

vested in the Court of Queen’s Bench for the trial of civil actions:

(i) to summon and enforce the attendance of witnesses;

(ii) to compel witnesses to give evidence on oath or otherwise;

(iii) to compel witnesses to produce documents or things;

(d) to administer oaths and afrmations;

(e) to receive and accept any evidence and information on oath, afrmation,

afdavit or otherwise that the adjudicator considers appropriate, whether

admissible in a court of law or not;

(f) to conduct any appeal or hearing using a means of telecommunications

that permits the parties and the adjudicator to communicate with each other

simultaneously;

(g) to adjourn or postpone the appeal or hearing.

(2) With respect to an appeal pursuant to section 3-54 respecting a matter involving

harassment or a discriminatory action, the adjudicator:

(a) shall make every effort that the adjudicator considers reasonable to meet

with the parties affected by the decision of the occupational health ofcer that

is being appealed with a view to encouraging a settlement of the matter that

is the subject of the occupational health ofcer’s decision; and

(b) with the agreement of the parties, may use mediation or other procedures

to encourage a settlement of the matter mentioned in clause (a) at any time

before or during a hearing pursuant to this section.

2013, c.S-15.1, s.4-5.

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Decision of adjudicator

4‑6(1) Subject to subsections (4) and (5), the adjudicator shall:

(a) do one of the following:

(i) dismiss the appeal;

(ii) allow the appeal;

(iii) vary the decision being appealed; and

(b) provide written reasons for the decision to the board, the director of

employment standards or the director of occupational health and safety, as

the case may be, and any other party to the appeal.

(2) Repealed. 2020, c 12, s.12.

(3) Repealed. 2020, c 12, s.12.

(4) If, after conducting a hearing concerned with section 2-21, the adjudicator

concludes that the employer has breached section 2-21, the adjudicator may exercise

the powers given to the Court of Queen’s Bench pursuant to sections 38 to 41 of

The Saskatchewan Human Rights Code, 2018 and those sections apply, with any

necessary modication, to the adjudicator and the hearing.

(5) If, after conducting a hearing concerned with section 2-42, the adjudicator

concludes that the employer has breached section 2-42, the adjudicator may issue

an order requiring the employer to do any or all of the following:

(a) to comply with section 2-42;

(b) to pay any wages that the employee has lost as a result of the employer’s

failure to comply with section 2-42;

(d) to post the order in the workplace;

(e) to do any other thing that the adjudicator considers reasonable and

necessary in the circumstances.

2013, c.S-15.1, s.4-6; 2018, c 35, s.2; 2020, c 12,

s.12.

Written decisions

4‑7(1) Subject to the regulations, an adjudicator shall provide the written reasons

for the decision required pursuant to clause 4-6(1)(b) within the following periods:

(a) with respect to an appeal or hearing pursuant to Part II, 60 days after the

date on which the hearing of the appeal or the hearing is completed;

(b) with respect to an appeal pursuant to Part III:

(i) subject to subclause (ii), 60 days after the date on which the hearing

of the appeal is completed; and

(ii) with respect to an appeal pursuant to section 3-54, the earlier of:

(A) one year after the date on which the adjudicator was selected;

and

(B) 60 days after the date on which the hearing of the appeal

is completed;

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which the hearing of the appeal is completed.

(2) If the deadline in subsection (1) has not been met, any of the following may

apply to the board for an order directing the adjudicator to provide the adjudicator’s

decision:

(a) any party to a proceeding before an adjudicator;

(b) the director of employment standards or director of occupational health

and safety, as the case may be.

(3) On an application made pursuant to subsection (2), the board may do all or

any of the following:

(a) direct the adjudicator to provide the decision;

(b) establish the period within which the decision is to be provided;

another adjudicator to hear the appeal;

(d) make any other order the board considers appropriate.

(4) A failure by an adjudicator to comply with subsection (1) or with an order made

pursuant to subsection (3) does not affect the validity of a decision.

(5) As soon as is reasonably possible after receiving a decision, the board shall

serve the decision on all persons mentioned in clause 4-4(1)(b) who received the

notice setting the appeal or hearing.

(6) This section applies to all appeals or hearings that:

(a) were commenced before the coming into force of this section and for which

written reasons have still to be provided on or after the coming into force of

this section; or

(b) are commenced on or after the coming into force of this section.

2020, c 12, s.13.

Right to appeal adjudicator’s decision to board

4‑8(1) An employer, employee or corporate director who is directly affected by a

decision of an adjudicator on an appeal or hearing pursuant to Part II may appeal

the decision to the board on a question of law.

(2) A person who is directly affected by a decision of an adjudicator on an appeal

pursuant to Part III or Part V may appeal the decision to the board on a question

of law.

(3) A person who intends to appeal pursuant to this section shall:

(a) le a notice of appeal with the board within 15 business days after the

date of service of the decision of the adjudicator; and

(b) serve the notice of appeal on all parties to the appeal.

(4) The record of an appeal is to consist of the following:

(a) in the case of an appeal or hearing pursuant to Part II, the wage

assessment or the notice of hearing;

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(b) in the case of an appeal pursuant to Part III, any written decision of an

occupational health ofcer or the director of occupational health and safety

respecting the matter that is the subject of the appeal;

(b.1) in the case of an appeal pursuant to Part V, any written decision of

a radiation health ofcer or the director of occupational health and safety,

respecting the matter that is the subject of the appeal;

pursuant to Part II or with the director of occupational health and safety

pursuant to Part III or Part V, as the case may be;

(d) any exhibits led before the adjudicator;

(e) the written decision of the adjudicator;

(f) the notice of appeal to the board;

(g) any other material that the board may require to properly consider the

appeal.

(5) The commencement of an appeal pursuant to this section does not stay the

effect of the decision or order being appealed unless the board orders otherwise.

(6) The board may:

(a) afrm, amend or cancel the decision or order of the adjudicator; or

(b) remit the matter back to the adjudicator for amendment of the adjudicator’s

decision or order with any directions that the board considers appropriate.

2013, c.S-15.1, s.4-8; 2020, c 12, s.14.

Appeal to Court of Appeal

4‑9(1) With leave of a judge of the Court of Appeal, an appeal may be made to the

Court of Appeal from a decision of the board pursuant to section 4-8 on a question

of law.

(2) A person, including the director of employment standards or the director of

occupational health and safety, intending to make an appeal to the Court of Appeal

shall apply for leave to appeal within 15 business days after the date of service of

the decision of the board.

(3) Unless a judge of the Court of Appeal orders otherwise, an appeal to the Court

of Appeal does not stay the effect of the decision being appealed.

2013, c.S-15.1, s.4-9.

Right of director to appeal

4‑10(1) The director of employment standards and the director of occupational

health and safety have the right:

(a) to appear and make representations on:

(i) any appeal or hearing heard by an adjudicator; and

(ii) any appeal of an adjudicator’s decision before the board or the Court

of Appeal; and

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(b) to appeal any decision of an adjudicator on a question of law or a question

of mixed law and fact; and

(2) If the director of employment standards or director of occupational health and

safety intends to appeal to the board pursuant to this section, that director shall:

(a) le a notice of appeal with the board within 30 business days after the

date of service of the decision of the adjudicator; and

(b) serve the notice of appeal on all parties to the appeal.

(3) The record of an appeal is to consist of the following:

(a) in the case of an appeal or hearing pursuant to Part II, the wage

assessment or the notice of hearing;

(b) in the case of an appeal pursuant to Part III, any written decision of an

occupational health ofcer or the director of occupational health and safety

respecting the matter that is the subject of the appeal;

a radiation health ofcer or the director of occupational health and safety

respecting the matter that is the subject of the appeal;

(d) the notice of appeal led with the director of employment standards

pursuant to Part II or with the director of occupational health and safety

pursuant to Part III or V, as the case may be;

(e) any exhibits led before the adjudicator;

(f) the written decision of the adjudicator;

(g) the notice of appeal to the board;

(h) any other material that the board may require to properly consider the

appeal.

(4) The commencement of an appeal to the board does not stay the effect of the

decision or order being appealed unless the board orders otherwise.

(5) On an appeal, the board may:

(a) afrm, amend or cancel the decision or order of the adjudicator; or

(b) remit the matter back to the adjudicator for amendment of the adjudicator’s

decision or order with any directions that the board considers appropriate.

2020, c 12, s.15.

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Power to enforce orders and decisions

4‑11(1) An order of an adjudicator, the board or the Court of Appeal pursuant to

this Part may be enforced in the manner authorized by this Act.

(2) An order of an adjudicator or the board may be led in the ofce of a local

registrar of the Court of Queen’s Bench and enforced as a judgment of that court.

2013, c.S-15.1, s.4-11.

Regulations for Part

4‑12(1) The Lieutenant Governor in Council may make regulations:

(a) prescribing the duties of an adjudicator pursuant to clause 4-2(d);

(b) for the purposes of section 4-4, prescribing procedures for an appeal or

hearing;

(i) respecting the decision of the adjudicator; and

(ii) prescribing procedures for service of the adjudicator’s decision;

(d) prescribing any other matter or thing that is required or authorized by

this Part to be prescribed in the regulations; and

(e) respecting any other matter or thing that the Lieutenant Governor in

Council considers necessary to carry out the intent of this Part.

(2) If there is any conict between the regulations made pursuant to this Part and

any other provision of this Act or any other Act, regulations or law, the regulations

made pursuant to this Part prevail.

2016 c 17 s 8; 2020, c 12, s.16.

PART V

Radiation Health and Safety

DIVISION 1

Preliminary Matters for Part

Interpretation of Part

5‑1 In this Part:

(a) “associated apparatus” means any piece of diagnostic or therapeutic

equipment using or associated with radiation that might be a mechanical or

electrical hazard to any person;

(b) “committee” means the Radiation Health and Safety Committee

continued pursuant to section 5-36;

into pursuant to section 5-15;

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(d) “director of occupational health and safety” means the director of

occupational health and safety appointed pursuant to Part III;

(e) “ionizing radiation” means any atomic or subatomic particle or

electromagnetic wave emitted or produced directly or indirectly by a machine

or radioactive isotope and having sufcient kinetic or quantum energy to

produce ionization;

(f) “ionizing radiation equipment” means a device capable of emitting

ionizing radiation, but does not include:

(i) equipment operated at less than 15 kilovolts and not designed

principally to produce useful radiation;

(ii) equipment that:

(A) is in storage, in transit or not being used; or

(B) is operated in a manner such that it cannot produce radiation;

(iii) any radioactive substance; or

(iv) any other prescribed equipment or category of equipment;

(g) “ionizing radiation installation” means the whole or any part of a

building or other place in which ionizing radiation equipment is manufactured,

used or placed or installed for use, and includes that ionizing radiation

equipment;

(h) “non‑ionizing radiation” includes energy in the form of:

(i) electromagnetic waves in the frequency range below that for which

ionization occurs; or

(ii) ultrasonic waves having frequencies greater than 10,000 hertz;

(i) “non‑ionizing radiation equipment” means any equipment that is

capable of emitting non-ionizing radiation;

(j) “non‑ionizing radiation installation” means the whole or any part

of a building or other place in which non-ionizing radiation equipment is

manufactured, used or placed or installed for use, and includes that non-ionizing

radiation equipment;

(k) “notice of contravention” means a notice of contravention served

pursuant to section 5-15;

(l) “occupational health and safety representative” means an

occupational health and safety representative as dened in Part III;

(m) “occupational health committee” means an occupational health

committee as dened in Part III;

(n) “operator” means a person who uses or controls the use of any

radiation equipment;

(o) “owner” means, subject to sections 5-5 and 5-9, a person having

management and control of a radiation installation, radiation equipment or a

radiation installation and radiation equipment;

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(p) “place of employment” means a place of employment as dened in

Part III;

(q) “purchaser” includes a lessee;

(r) “radiation” includes ionizing radiation and non-ionizing radiation;

(s) “radiation equipment” includes ionizing radiation equipment and

non-ionizing radiation equipment;

(t) “radiation health ofcer” means a radiation health ofcer appointed

pursuant to section 5-27;

(u) “radiation installation” includes ionizing radiation installations and

non-ionizing radiation installations;

(v) “radiation worker” means a person who, in the course of the person’s

employment duties, business, professional activities, studies or training:

(i) is exposed to radiation; and

(ii) if exposure limits, exposure levels or dose limits are specied for

members of the public, might receive radiation exposure in excess of

those limits or levels;

(w) “safety measures” means measures designed for the purposes of safety

in connection with the design and use of radiation installations, radiation

equipment and associated apparatus;

(x) “use” includes construct, demonstrate, test, operate, handle, repair,

service and maintain;

(y) “vendor” means a person who sells or leases or offers for sale or lease

any radiation equipment or associated apparatus;

(z) “worker” means a worker as dened in Part III;

(aa) “worksite” means a worksite as dened in Part III.

2020, c 12, s.17.

Responsibilities of minister re Part

5‑2(1) The minister is responsible for all matters not by law assigned to any other

minister or agency of the government relating to radiation health and safety and to

advancing and improving radiation health and safety in Saskatchewan.

(2) For the purpose of carrying out the minister’s responsibilities pursuant to this

Part, the minister may:

(a) create, develop, adopt, coordinate and implement policies, strategies,

objectives, guidelines, programs, services and administrative procedures or

similar instruments respecting radiation health and safety;

(b) promote or conduct studies and research projects in connection with issues

related to radiation health and safety;

courses of training, for promoting radiation health and safety;

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(d) provide consulting services with respect to matters governed by this

Part and the regulations made pursuant to this Part; and

(e) do any other thing that the minister considers necessary or appropriate to

carrying out the minister’s responsibilities or exercising the minister’s powers

pursuant to this Part and the regulations made pursuant to this Part.

2020, c 12, s.17.

DIVISION 2

Ionizing Radiation

Establishment and alteration of ionizing radiation installation, installation of ionizing

radiation equipment

5‑3(1) In this section and sections 5-4 and 5-7, “substantial alteration” includes:

(a) respecting any ionizing radiation equipment that emits a primary beam

outside the housing of the equipment, any alteration or change of position

that causes the equipment to be capable of emitting a primary beam in any

direction other than the direction for which approval was granted when the

plans for the installation were approved;

(b) any alteration in the shielding properties of the room or other place in

which the ionizing radiation equipment is placed or installed;

current of ionizing radiation equipment in an installation; and

(d) the placement or installation of any units of ionizing radiation equipment

in an ionizing radiation installation in excess of the number of units approved

when the plans for the installation were approved.

(2) Unless a plan of the proposed installation or proposed alteration has been

approved in writing by a radiation health ofcer, no person shall:

(a) establish or cause to be established an ionizing radiation installation for

any purpose; or

(b) make or cause to be made any substantial alteration in any ionizing

radiation installation.

(3) Subsection (2) does not apply to any prescribed ionizing radiation installation

or prescribed substantial alteration.

(4) A radiation health ofcer may withhold approval of a plan submitted for

approval pursuant to subsection (2) until the radiation health ofcer is satised

that the ionizing radiation installation will be constructed or altered in a manner

such that all reasonable precautions are taken to minimize the exposure of any

person to radiation.

(5) No person shall use any mobile ionizing radiation equipment in any location

other than one approved by a radiation health ofcer.

2020, c 12, s.17.

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Statements required re ionizing radiation installations and equipment

5‑4(1) Subject to subsection (2), within 25 business days after the day on which

any ionizing radiation installation or ionizing radiation equipment comes under an

owner’s control or is substantially altered, the owner shall provide the minister with

a statement setting out particulars of that installation, equipment or alteration, as

the case may be.

(2) Every owner of any mobile ionizing radiation equipment shall:

(a) provide the minister with the statement mentioned in subsection (1)

within the prescribed period; and

(b) if required by the minister to do so, provide the minister with an itinerary

for the equipment containing any particulars that may be required by the

minister within the prescribed period.

(3) On or before January 31 in each year, every owner shall provide the minister

with a statement setting out particulars of all ionizing radiation installations and

ionizing radiation equipment under the owner’s control.

2020, c 12, s.17.

Manufacture and use of ionizing radiation equipment and associated apparatus

5‑5(1) In this section, “owner” includes:

(a) a vendor until the vendor relinquishes control of ionizing radiation

equipment or associated apparatus to its purchaser after any installation or

testing has been carried out by the vendor; and

(b) any person who alters, repairs, services, maintains or tests ionizing

radiation equipment or associated apparatus.

(2) The owner of any ionizing radiation equipment or associated apparatus shall

ensure that the equipment or apparatus is manufactured and used:

(a) in compliance with the regulations made pursuant to this Part; and

(b) in a manner such that:

(i) no person will be unnecessarily exposed to ionizing radiation from

that equipment or apparatus; and

(ii) no person in the vicinity of that equipment or apparatus will be

exposed to ionizing radiation from it that exceeds the prescribed dose

limits.

(3) The operator of any ionizing radiation equipment or associated apparatus shall

use or control the use of the equipment:

(a) in compliance with the regulations made pursuant to this Part; and

(b) in a manner that satises the requirements of clause (2)(b).

2020, c 12, s.17.

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Qualications for management, control or operation

5‑6(1) No person shall manage or control an ionizing radiation installation or any

ionizing radiation equipment used for diagnosis or treatment relating to humans

unless the person:

(a) is qualied pursuant to an Act to provide persons with care and treatment

by means of ionizing radiation equipment; or

(b) employs a person who meets the requirements of clause (a) to attend to

the operation of the installation or equipment.

(2) An owner of an ionizing radiation installation or any ionizing radiation

equipment used for diagnosis or treatment relating to humans shall ensure that

each operator is:

(a) a duly qualied medical practitioner with specialized training in

radiography;

(b) a chiropractor who is registered pursuant to The Chiropractic Act, 1994;

in The Dental Disciplines Act;

(d) a medical radiation technologist who is registered pursuant to The Medical

Radiation Technologists Act, 2006;

(e) subject to subsection (3), a combined laboratory and x-ray technician or

technologist who possesses the qualications necessary to become a registered,

certied, active member in good standing of the Saskatchewan Association of

Combined Laboratory and X-ray Technicians; or

(f) subject to subsection (3), a student who is under the direct supervision of a

person who possesses the qualications set out in clause (a), (b), (c), (d) or (e).

(3) An owner of an ionizing radiation installation or any ionizing radiation

equipment used for diagnosis or treatment relating to humans shall ensure that

an operator who is:

(a) described in clause (2)(e) performs only examinations that he or she has

been formally trained for; or

(b) a student mentioned in clause (2)(f) performs only examinations that are

within the scope of the qualications of the person supervising the student.

(4) No person shall manage or control an ionizing radiation installation or any

ionizing radiation equipment used for diagnosis or treatment relating to animals

unless the person:

(a) is entitled to practise veterinary medicine by reason of being registered

pursuant to The Veterinarians Act, 1987; or

(b) employs a person who meets the requirements of clause (a) to attend to

the operation of the installation or equipment.

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(5) An owner of an ionizing radiation installation or any ionizing radiation

equipment used for diagnosis or treatment relating to animals shall ensure that

each operator is:

(a) a veterinarian entitled to practise veterinary medicine by reason of being

registered pursuant to The Veterinarians Act, 1987;

(b) a veterinary technologist within the meaning of The Veterinarians

Act, 1987; or

qualications set out in clause (a) or (b).

(6) No person shall manage or control an ionizing radiation installation or ionizing

radiation equipment that is used for a purpose other than diagnosis or treatment

relating to humans or animals unless:

(a) the person:

(i) understands the procedures for which the equipment is to be used; and

(ii) possesses the knowledge necessary to adequately manage or control

the installation or equipment and knowledge of the necessary safety

procedures; or

(b) the person employs a person who meets the requirements of clause (a) to

attend to the operation of the installation or equipment.

(7) An owner of an ionizing radiation installation or ionizing radiation equipment

that is used for a purpose other than diagnosis or treatment relating to humans or

animals shall ensure that each operator:

(a) possesses any prescribed qualications or meets any prescribed

requirements; and

(b) is adequately supervised by a person who meets the requirements of

clause (6)(a).

(8) No person shall operate an ionizing radiation installation or any ionizing

radiation equipment unless the person possesses the qualications set out in

subsection (2), (5) or (7).

2020, c 12, s.17.

DIVISION 3

Non‑ionizing Radiation

Establishment and alteration of non‑ionizing radiation installation

5‑7(1) If the regulations made pursuant to this Part require the approval of plans

for a non-ionizing radiation installation, no person shall establish or cause to be

established a non-ionizing radiation installation or make or cause to be made any

substantial alteration in any non-ionizing radiation installation until a plan of the

proposed installation or proposed alteration, as the case may be, has been approved

in writing by a radiation health ofcer.

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(2) A radiation health ofcer may withhold approval of a plan submitted for

approval pursuant to subsection (1) until the ofcer is satised that the non-ionizing

radiation installation will be constructed or altered in a manner such that all

reasonable precautions are taken to minimize the exposure of any person to radiation.

2020, c 12, s.17.

Statements required re equipment emitting non‑ionizing radiation

5‑8(1) Every owner of non-ionizing radiation equipment or a non-ionizing radiation

installation shall, if required by the regulations made pursuant to this Part, provide

the minister with a statement setting out any prescribed information about that

equipment or installation.

(2) Every statement required pursuant to subsection (1) must be provided within

the prescribed period.

2020, c 12, s.17.

Manufacture and use of non‑ionizing radiation equipment and associated apparatus

5‑9(1) In this section, “owner” includes:

(a) a vendor until the vendor relinquishes control of non-ionizing radiation

equipment or associated apparatus to its purchaser after any installation or

testing has been carried out by the vendor; and

(b) any person who alters, repairs, services, maintains or tests non-ionizing

radiation equipment or associated apparatus.

(2) The owner of any non-ionizing radiation equipment or associated apparatus

shall ensure that the equipment or apparatus is manufactured and used:

(a) in compliance with the regulations made pursuant to this Part; and

(b) in a manner such that the exposure of any person to non-ionizing radiation

from that equipment or apparatus is limited in the prescribed manner and to

the prescribed amounts.

(3) The operator of any non-ionizing radiation equipment or associated apparatus

shall use or control the use of the equipment or apparatus:

(a) in compliance with the regulations made pursuant to this Part; and

(b) in a manner that satises the requirements of clause (2)(b).

2020, c 12, s.17.

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Qualications for management, control and use

5‑10 No person shall manage or control, or use or control the use of, any non-ionizing

radiation equipment or category of non-ionizing radiation equipment unless the

person possesses the prescribed qualications or meets the prescribed requirements.

2020, c 12, s.17.

DIVISION 4

Matters affecting Ionizing and Non‑ionizing Radiation

Restrictions on use

5‑11 No person shall use a radiation installation, radiation equipment or

associated apparatus:

(a) that does not comply with the prescribed standards; or

(b) the use of which has been prohibited by a radiation health ofcer pursuant

to clause 5-17(3)(b).

2020, c 12, s.17.

Information required

5‑12(1) If required to do so by the regulations made pursuant to this Part, the

vendor of any radiation equipment or associated apparatus shall provide the minister

with:

(a) any prescribed information respecting the equipment or apparatus or

its use;

(b) the plans of the equipment or apparatus; or

(2) The information and plans required pursuant to subsection (1) must be provided

within the prescribed period.

2020, c 12, s.17.

Incidents or hazards

5‑13 If required to do so by the regulations made pursuant to this Part, the vendor,

owner or operator of any radiation equipment or associated apparatus shall notify

the minister of any incident or hazard involving the equipment or apparatus, in the

prescribed manner, within the prescribed period and with any prescribed particulars.

2020, c 12, s.17.

Records

5‑14 Every owner of radiation equipment shall:

(a) keep any prescribed records respecting:

(i) the radiation equipment and its use;

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(ii) the exposure of radiation workers to radiation; and

(iii) any other matter pertaining to radiation health and safety measures

in relation to that equipment and to radiation workers; and

(b) produce the records mentioned in clause (a) on the request of a radiation

health ofcer.

2020, c 12, s.17.

DIVISION 5

Compliance Undertakings and Notices of Contraventions

Compliance undertakings and notices of contravention

5‑15(1) A radiation health ofcer shall act pursuant to subsection (2) if the radiation

health ofcer is of the opinion that a person:

(a) is contravening any provision of this Part or the regulations made pursuant

to this Part; or

(b) has contravened any provision of this Part or the regulations made

pursuant to this Part in circumstances that make it likely that the contravention

will continue or will be repeated.

(2) In the circumstances mentioned in subsection (1), the radiation health ofcer

shall:

(a) require the person to enter into a compliance undertaking;

(b) serve a notice of contravention on the person; or

(3) For the purposes of subsection (2):

(a) a compliance undertaking must:

(i) be in writing and in the form approved by the director of occupational

health and safety;

(ii) contain a description by the radiation health ofcer of the action to

be undertaken by the person; and

(iii) contain the person’s signed commitment to:

(A) comply or improve compliance with the contravened provision

of this Part or the regulations made pursuant to this Part within

a period specied by the radiation health ofcer in the compliance

undertaking; and

(B) provide a progress report in accordance with section 5-19; and

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(b) a notice of contravention must:

(i) cite the contravened provision of this Part or of the regulations made

pursuant to this Part;

(ii) state the reasons for the radiation health ofcer’s opinion; and

(iii) require the person to remedy the contravention within a period

specied by the radiation health ofcer in the notice of contravention.

(4) A radiation health ofcer may serve a notice of contravention on a person

notwithstanding that the person has entered into a compliance undertaking if:

(a) the person fails to comply with the compliance undertaking or to provide

a progress report in compliance with section 5-19; or

(b) in the opinion of the radiation health ofcer, it is necessary to do so to

prevent a risk to the health and safety of a worker or it is otherwise in the

public interest.

2020, c 12, s.17.

Directions to remedy contravention

5‑16 A notice of contravention may include directions as to the measures to be

taken to remedy the contravention to which the notice relates, and the directions

must, if practicable, give the person on whom the notice is served a choice of different

ways of remedying the contravention.

2020, c 12, s.17.

Contravention involving risk to health or safety

5‑17(1) If a radiation health ofcer is of the opinion that a contravention of this

Part or the regulations made pursuant to this Part involves or may involve a serious

risk to the health or safety of a worker or any other person, the radiation health

ofcer may:

(a) direct in a notice of contravention that any activity to which the notice of

contravention relates shall not be carried on after the period specied in the

notice or until the contravention specied in the notice has been remedied,

whichever occurs rst; or

(b) in the notice of contravention, require the cessation of any work that, in

the radiation health ofcer’s opinion, constitutes a hazard to a worker or any

other person, until the requirement to cease work has been withdrawn by a

radiation health ofcer.

(2) Notwithstanding clause (1)(b), if a radiation health ofcer requires the

immediate cessation of any work at or the evacuation of workers or any other persons

from a place of employment or a worksite pursuant to clause (1)(b), the person on

whom the notice of contravention is served may, subject to any direction given by

the radiation health ofcer, carry out or cause workers to carry out the activities

or measures necessary to remedy the contravention.

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(3) If a radiation health ofcer nds a radiation installation, radiation equipment

or associated apparatus that does not comply with this Part or the regulations

made pursuant to this Part or that, in the ofcer’s opinion, constitutes a hazard to

a worker or any other person, the radiation health ofcer may:

(a) require the owner to carry out any repairs, alterations or servicing that

the ofcer may specify and within any time that the ofcer may direct; or

(b) prohibit the use of the installation, equipment or apparatus until:

(i) the repairs, alterations or servicing mentioned in clause (a) have

been carried out;

(ii) a radiation health officer grants written permission; or

(iii) the repairs, alterations or servicing mentioned in clause (a) have

been carried out and a radiation health ofcer grants written permission.

2020, c 12, s.17.

Copy of compliance undertaking or notice of contravention

5‑18 If a person enters into a compliance undertaking or a radiation health ofcer

serves a notice of contravention on any person, the radiation health ofcer shall:

(a) if there is an occupational health committee or an occupational health

and safety representative at the place of employment or the worksite with

respect to which the compliance undertaking or notice of contravention applies,

provide the occupational health committee or the occupational health and

safety representative with a copy of the compliance undertaking or notice of

contravention; or

(b) if there is no occupational health committee or occupational health and

safety representative at the place of employment or the worksite with respect

to which the compliance undertaking or notice of contravention applies, post a

copy of the compliance undertaking or notice of contravention in a conspicuous

location near the site of a radiation installation, radiation equipment or

associated apparatus at that place of employment.

2020, c 12, s.17.

Progress report

5‑19 Within ve business days after the end of the period specied in a compliance

undertaking or notice of contravention within which a contravention is to be

remedied, the person who entered into the compliance undertaking or on whom the

notice of contravention is served:

(a) shall:

(i) provide the occupational health committee or occupational health

and safety representative at the place of employment or worksite with

respect to which the compliance undertaking or notice of contravention

applies with a written report of the progress that has been made towards

remedying each contravention of this Part or the regulations made

pursuant to this Part that is stated in the compliance undertaking or

notice of contravention; or

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(ii) if there is no occupational health committee or occupational health

and safety representative at the place of employment or worksite with

respect to which the compliance undertaking or notice of contravention

applies, post in a conspicuous location at the place of employment near

the site of a radiation installation, radiation equipment or associated

apparatus a written report of the progress that has been made towards

remedying each contravention of this Part or the regulations made

pursuant to this Part that is stated in the compliance undertaking or

notice of contravention; and

(b) shall provide the radiation health ofcer who received the compliance

undertaking or who served the notice of contravention with a written report

of the progress that has been made towards remedying each contravention of

this Part or the regulations made pursuant to this Part that is stated in the

compliance undertaking or notice of contravention.

2020, c 12, s.17.

Reassignment to alternative work

5‑20 If a radiation health ofcer has served on a person a notice of contravention

that includes a requirement mentioned in clause 5-17(1)(b), the employer of any

workers at the place of employment or the worksite shall assign to alternative

work, without loss of pay, the employer’s workers who are no longer able to work

at a place of employment with respect to which the notice of contravention applies

until the workers are permitted by a radiation health ofcer to resume their work

at the place of employment or the worksite.

2020, c 12, s.17.

Withdrawals of certain requirements

5‑21 A radiation health ofcer may withdraw any requirement for the cessation of

work mentioned in clause 5-17(1)(b) that is included in a notice of contravention if

the radiation health ofcer is satised that the contravention with respect to which

the cessation of work was required has been remedied.

2020, c 12, s.17.

Notices of contravention that do not take immediate effect

5‑22 If a notice of contravention that is not to take immediate effect has been served:

(a) the notice may be withdrawn by a radiation health ofcer at any time

before the end of the period specied in the notice; or

(b) the period specied pursuant to clause (a) may be extended or further

extended by a radiation health ofcer at any time except when an appeal

against the notice is pending.

2020, c 12, s.17.

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DIVISION 6

Appeals

Interpretation of Division

5‑23(1) In this Division:

(a) “adjudicator” means an adjudicator appointed pursuant to Part IV;

(b) “decision” includes:

(i) a decision to grant an exemption;

(ii) a decision to serve, afrm, amend or cancel a notice of contravention

or to not issue a notice of contravention; and

(iii) any other determination or action of a radiation health ofcer that

is authorized by this Part.

(2) In this Division and in Part IV, “person who is directly affected by a

decision” means any of the following persons to whom a decision of a radiation

health ofcer is directed and who is directly affected by that decision:

(a) a worker;

(b) an owner;

(d) a vendor;

(e) any other prescribed person or member of a category of prescribed persons;

but does not include any other prescribed person or any member of a category of

prescribed persons.

2020, c 12, s.17.

Appeal of radiation health ofcer’s decision

5‑24(1) A person who is directly affected by a decision of a radiation health ofcer

may appeal the decision.

(2) An appeal pursuant to subsection (1) must be commenced by ling a written

notice of appeal with the director of occupational health and safety within 15 business

days after the date of service of the decision being appealed.

(3) The written notice of appeal must:

(a) set out the names of all persons who are directly affected by the decision

that is being appealed;

(b) identify and state the decision being appealed;

(d) set out the relief requested, including any request for the suspension of

all or any portion of the decision being appealed.

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(4) Subject to subsection (10), an appeal pursuant to subsection (1) is to be

conducted by the director of occupational health and safety.

(5) In conducting an appeal pursuant to subsection (1), the director of occupational

health and safety shall:

(a) provide the notice of appeal to persons who are directly affected by the

decision; and

(b) provide an opportunity to the persons who are directly affected by the

decision to make written representations to the director as to whether the

decision should be afrmed, amended or cancelled.

(6) The written representations by a person mentioned in clause (5)(b) must be

made within:

(a) 30 days after the notice of appeal is provided to that person; or

(b) any further period permitted by the director of occupational health and

safety.

(7) The director of occupational health and safety is not required to give an oral

hearing with respect to an appeal pursuant to subsection (1).

(8) After conducting an appeal in accordance with this section, the director of

occupational health and safety shall:

(a) afrm, amend or cancel the decision being appealed; and

(b) provide written reasons for the decision made pursuant to clause (a).

(9) The director of occupational health and safety shall serve a copy of a decision

made pursuant to subsection (8) on all persons who are directly affected by the

decision.

(10) Instead of hearing an appeal pursuant to this section, the director of

occupational health and safety may refer the appeal to an adjudicator by forwarding

to the adjudicator:

(a) the notice of appeal;

(b) all information in the director’s possession that is related to the appeal; and

to clause (5)(a).

2020, c 12, s.17.

Appeal of director’s decision to adjudicator

5‑25(1) A person who is directly affected by a decision of the director of occupational

health and safety made pursuant to subsection 5-24(8) may appeal the decision to

an adjudicator in accordance with subsection (2) within 15 business days after the

date of service of the decision.

(2) An appeal pursuant to subsection (1) is to be commenced by ling a written

notice of appeal with the director of occupational health and safety that:

(a) sets out the names of all persons who are directly affected by the decision

being appealed;

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(b) identies and states the decision being appealed;

(d) sets out the relief requested, including any request for the suspension of

all or any portion of the decision being appealed.

2020, c 12, s.17.

Decisions not stayed by appeals

5‑26(1) Subject to subsections (2) and (3), the commencement of an appeal pursuant

to section 5-24 or 5-25 does not stay the effect of a decision that is being appealed.

(2) The director of occupational health and safety may, on the director’s own motion,

stay the effect of all or any portion of a decision if an appeal from that decision is

to be heard by the director.

(3) An adjudicator may, on the adjudicator’s own motion, stay the effect of all or any

portion of a decision if an appeal from that decision is to be heard by the adjudicator.

2020, c 12, s.17.

DIVISION 7

General

Radiation health ofcers, appointment and powers

5‑27(1) The minister may appoint one or more employees of the ministry or

categories of employees of the ministry as radiation health ofcers for the purposes

of enforcing this Part and the regulations made pursuant to this Part.

(2) The minister may set any limit or condition on any appointment pursuant to

subsection (1) that the minister considers reasonable.

2020, c 12, s.17.

Credentials for radiation health ofcers

5‑28 The minister shall provide each radiation health ofcer with written

credentials of the ofcer’s appointment, and the radiation health ofcer shall produce

those credentials on request when exercising or seeking to exercise any of the powers

conferred on the ofcer by this Part or the regulations made pursuant to this Part.

2020, c 12, s.17.

Inspections

5‑29(1) Subject to subsection (4), a radiation health ofcer may enter any premises,

place of employment, worksite or vehicle and conduct an inspection for the purpose of:

(a) preventing radiation incidents or illnesses;

(b) ascertaining the cause and particulars of a radiation incident or illness

or of an event that had the potential to cause a radiation incident or illness;

exposure; or

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(d) determining whether there is compliance with this Part, the regulations

made pursuant to this Part, a compliance undertaking, a notice of contravention

or an order issued pursuant to a prescribed Act or regulation.

(2) An inspection may be conducted:

(a) at any reasonable time; or

(b) at any other time if the radiation health ofcer has reasonable grounds

to believe that there is a radiation hazard.

(3) When conducting an inspection in accordance with subsection (1), a radiation

health ofcer may do all or any of the following things:

(a) make any inquiry the ofcer considers appropriate;

(b) require the use of any machinery, equipment, appliance or thing located

at the place or premises to be demonstrated;

ofcer considers necessary or advisable;

(d) take one or more persons to any place to assist the ofcer and may make

arrangements with the person in charge of the place for those persons to

re-enter the place to perform specied duties;

(e) require the production of, inspect and make copies of any books, records,

papers or documents or of any entry in those books, records, papers or

documents required to be kept by this Part or the regulations made pursuant

to this Part;

(f) require the production of, inspect and make copies of any existing records

related to training workers on matters related to radiation health and safety;

(g) subject to subsection (5), remove any books, records, papers or documents

examined pursuant to this section for the purpose of making copies where a

copy is not readily available, if a receipt is given;

(h) require any person whom the ofcer nds in or at a place of employment to

provide the ofcer with any information the person has respecting the identity

of the employer at that place of employment;

(i) require any person to provide the ofcer with all reasonable assistance,

including using any computer hardware or software or any other data storage,

processing or retrieval device or system to produce information;

(j) in order to produce information and records mentioned in this subsection,

use any computer hardware or software or any other data storage, processing

or retrieval device or system that is used by the person required to deliver the

information and records.

(4) A radiation health ofcer shall not enter a private dwelling without a warrant

issued pursuant to section 5-31 unless the occupant of the dwelling consents to the

entry.

(5) A radiation health ofcer who removes any books, records, papers or documents

pursuant to this section for the purpose of making copies shall:

(a) make those copies as soon as is reasonably possible; and

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(b) promptly return the books, records, papers or documents from which the

copies were made to:

(i) the place from which they were removed; or

(ii) any other place that may be agreed to by the ofcer and the person

who produced them.

2020, c 12, s.17.

Obtaining information

5‑30 For the purpose of obtaining any information that is required to determine

compliance with this Part or the regulations made pursuant to this Part or is

otherwise required for the performance of the duties or the exercise of the powers of

the director of occupational health and safety or a radiation health ofcer, the director

of occupational health and safety may direct any person to provide any information

in any form and manner and within any time that the director may specify.

2020, c 12, s.17.

Investigations

5‑31(1) If a justice or a provincial court judge is satised by information under oath

that there are reasonable grounds to believe that an offence against this Part or

the regulations made pursuant to this Part has occurred and that evidence of that

offence is likely to be found, the justice or the provincial court judge may issue a

warrant to do all or any of the following:

(a) enter and search any place or premises named in the warrant;

(b) stop and search any vehicle described in the warrant;

that may be evidence of an offence against this Part or the regulations made

pursuant to this Part;

(d) carry out the activities listed in subsection (2).

(2) With a warrant issued pursuant to subsection (1), a radiation health ofcer may:

(a) enter at any time and search any place or premises named in the warrant;

(b) stop and search any vehicle described in the warrant;

cupboard or other receptacle that the ofcer nds in the place, premises or

vehicle;

(d) require the production of and examine any records or property that

the radiation health ofcer believes, on reasonable grounds, may contain

information related to an offence against this Part or the regulations made

pursuant to this Part;

(e) remove, for the purpose of making copies, any records examined pursuant

to this section;

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(f) require the use of any machinery, equipment, appliance or thing located

at the place or premises to be demonstrated;

(g) conduct any tests, take any samples and make any examinations that the

ofcer considers necessary or advisable; and

(h) seize and remove from any place or premises searched anything that may

be evidence of an offence against this Part or the regulations made pursuant

to this Part.

(3) Subject to subsection (4), a radiation health ofcer may exercise all or any

of the powers mentioned in subsection (2) without a warrant issued pursuant to

subsection (1) if:

(a) the conditions for obtaining a warrant exist; and

(b) the ofcer has reasonable grounds to believe that the delay necessary to

obtain a warrant would result:

(i) in danger to human life or safety; or

(ii) in the loss, removal or destruction of evidence.

(4) A radiation health ofcer shall not enter any private dwelling without the

consent of the occupant or a warrant issued pursuant to this section.

2020, c 12, s.17.

Provision of reports by radiation health ofcer

5‑32 If a radiation health ofcer provides an owner with a report, the owner shall

provide a copy of the report to:

(a) the occupational health committee;

(b) the occupational health and safety representative; or

and safety representative, the workers at the place of employment or worksite

identied in the report.

2020, c 12, s.17.

Director’s decisions to be posted

5‑33(1) The director of occupational health and safety shall cause the following

documents to be posted in a conspicuous location near the site of a radiation

installation, radiation equipment or associated apparatus:

(a) a notice of any exemption granted by the director pursuant to section 5-44;

(b) a copy of any decision of the director and the written reasons for the

decision provided pursuant to subsection 5-24(8);

a decision pursuant to section 5-26.

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(2) No person shall remove, alter, damage or deface any notice or other document

posted pursuant to subsection (1) without the prior authorization of a radiation

health ofcer or the director of occupational health and safety.

2020, c 12, s.17.

Promptness of decisions

5‑34 A decision that is required to be made pursuant to this Part or the regulations

made pursuant to this Part by a radiation health ofcer or the director of occupational

health and safety must be made as soon as is reasonably possible.

2020, c 12, s.17.

Services provided by minister

5‑35 The minister may:

(a) provide consulting services with respect to:

(i) radiation installations;

(ii) radiation equipment;

(iii) radiation protection; and

(iv) safety measures; and

(b) provide special services, including instrument calibrations and leak testing

of sealed radioactive sources.

2020, c 12, s.17.

Radiation Health and Safety Committee

5‑36(1) Subject to subsection (2), the Radiation Health and Safety Committee is

continued consisting of the following persons appointed by the minister:

(a) a diagnostic radiologist nominated by The College of Physicians and

Surgeons of Saskatchewan;

(b) a radiation oncologist nominated by The College of Physicians and

Surgeons of Saskatchewan;

Physicians and Surgeons of Saskatchewan who, by reason of the practitioner

being a specialist in pathology or internal medicine, has extensive knowledge

of and training in haematology;

(d) a dentist or dental surgeon nominated by the College of Dental Surgeons

of Saskatchewan;

(e) a medical radiation technologist nominated by the Saskatchewan

Association of Medical Radiation Technologists;

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(f) a veterinarian nominated by the Saskatchewan Veterinary Medical

Association;

(g) a physicist experienced in radiation physics;

(h) a person with expertise in uranium radiation protection issues;

(i) one or more persons selected by the minister;

(j) the employee of the ministry responsible for supervising the provision of

the services mentioned in section 5-35; and

(k) one radiation health ofcer.

(2) The minister shall make reasonable efforts to appoint persons to the committee

who are described in clauses (1)(a) to (h) but the absence of any of those persons

does not impair the power of the other members of the committee to act.

(3) A member of the committee holds ofce until a successor is appointed.

(4) Members of the committee are entitled to the following:

(a) except for those members of the committee who are members of the public

service of Saskatchewan, remuneration for their services at the rates approved

by the minister;

(b) reimbursement for their expenses incurred in the performance of their

responsibilities at rates approved for members of the public service.

(5) The committee shall:

(a) advise the minister with respect to radiation health generally, safety

measures and recommended codes of practice to be issued by the minister to

every owner, operator and other person in Saskatchewan who may be exposed

to radiation concerning radiation health, safety measures and the operation

and use of radiation equipment and the use of radioactive substances;

(b) promote an educational program among all owners, operators, radiation

workers and other persons who may be exposed to radiation respecting radiation

dangers and the protection, in accordance with the practices recommended by

the committee, of the health of owners, operators, radiation workers and other

persons who may be exposed to radiation;

including direction and advice with respect to the standards to be observed by

ofcers in approving plans for establishing radiation installations;

(d) make recommendations respecting the acquisition, operation and use

of radiation equipment and associated apparatus and the use of radioactive

substances;

(e) advise the minister respecting the minimum age at which a person may be

employed as a radiation worker in any occupation or category of occupations;

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(f) advise the minister respecting conditions to protect the reproductive health

of any category of persons, including the conditions under which persons of

reproductive age may be radiation workers; and

(g) deal with any other matters relating to radiation health that the minister

may refer to it.

2020, c 12, s.17.

Costs of administration of this Part

5‑37(1) On or before June 30 in each year, the minister shall advise the Workers’

Compensation Board of the estimated cost for that calendar year of the administration

of this Part and the regulations made pursuant to this Part.

(2) On being advised of the estimated cost for a calendar year pursuant to

subsection (1), the Workers’ Compensation Board shall, on or before January 31 of

the following year, pay into the general revenue fund with respect to those costs the

sum that the minister may direct, not exceeding the actual costs of the administration

of this Part and the regulations made pursuant to this Part.

2020, c 12, s.17.

Application of radiation

5‑38(1) Nothing in this Part or the regulations made pursuant to this Part limits

the kind or quantity of radiation that may be intentionally applied to a person for

diagnostic or therapeutic purposes by or under the direction of a person qualied

pursuant to an Act to provide persons with care and treatment by means of radiation

equipment.

(2) Notwithstanding subsection (1), every operator of radiation equipment shall

cause adequate precautions to be taken to ensure that no person is unnecessarily

exposed to radiation.

2020, c 12, s.17.

DIVISION 8

Offences and Penalties

Offence and penalty

5‑39(1) No person shall:

(a) fail to comply with any term or condition imposed on that person by a

notice of contravention;

(b) intentionally obstruct the director of occupational health and safety or a

radiation health ofcer in the exercise of the director’s or ofcer’s powers or

the performance of the director’s or ofcer’s duties;

safety or a radiation health ofcer in the exercise of the director’s or ofcer’s

powers or the performance of the director’s or ofcer’s duties;

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(d) make or cause to be made a false entry in any register, book, notice or

other document to be kept by the person pursuant to this Part or the regulations

made pursuant to this Part, or delete or destroy any true or proper entry in

any of those documents;

(e) fail to comply with an order, decision or direction made pursuant to this

Part or the regulations made pursuant to this Part; or

(f) fail to comply with any provision of this Part or any provision of the

regulations made pursuant to this Part.

(2) Every person who contravenes any provision of subsection (1) is guilty of an

offence and liable on summary conviction:

(a) in the case of a rst offence, to a ne of not more than $100,000 and, in

the case of a continuing offence, to a further ne of not more than $15,000 for

each day during which the offence continues; and

(b) in the case of a second or subsequent offence, to a ne of not more than

$200,000 and, in the case of a continuing offence, to a further ne of not more

than $20,000 for each day during which the offence continues.

2020, c 12, s.17.

Onus on accused re duty or requirement

5‑40 In any proceedings for an offence pursuant to this Part or the regulations made

pursuant to this Part respecting a failure to comply with a duty or requirement to

do something so far as is practicable or so far as is reasonably practicable, or to use

the best practicable means to do something, the onus is on the accused to prove, as

the case may be, that:

(a) it was not practicable or not reasonably practicable to do more than was

actually done to satisfy the duty or requirement; or

(b) there was no better practicable means than was actually used to satisfy

the duty or requirement.

2020, c 12, s.17.

Limitation on prosecution

5‑41 No prosecution with respect to an alleged contravention against this Part or

to the regulations made pursuant to this Part is to be commenced more than two

years after the day of the commission of the alleged contravention.

2020, c 12, s.17.

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DIVISION 9

Regulations, Codes of Practice and Exemptions

Regulations for Part

5‑42 The Lieutenant Governor in Council may make regulations:

(a) generally for preventing impairment of the health of radiation workers

and other persons by radiation;

(b) respecting the minimum age at which a person may be a radiation worker

in any particular occupation;

of any category of persons, including the conditions under which persons of

reproductive age may be radiation workers;

(d) prescribing the standards to be maintained for safety purposes in

connection with the operation and use of radiation equipment and associated

apparatus;

(e) prescribing standards for the inspections to be made and other measures

to be taken in connection with the operation and use of radiation equipment

and associated apparatus;

(f) prescribing conditions under which radiation equipment may be installed

or used;

(g) requiring the development and implementation of procedures manuals

with respect to any radiation equipment or radiation installation;

(h) requiring the classication and labelling of radiation equipment;

(i) requiring the display of warning signs or other signs providing information

about radiation health and safety;

(j) prescribing exposure rates and dose limits for ionizing radiation to which

any person or category of persons may be exposed;

(k) providing for the monitoring and control of the exposure to or dose of

radiation received by any person or category of persons;

(l) classifying non-ionizing radiation equipment and forms of non-ionizing

radiation;

(m) prescribing exposure limits and exposure levels for any form of

non-ionizing radiation to which any person or category of persons may be

exposed;

(n) requiring records to be kept by owners, operators and vendors, prescribing

the periods during which records are to be kept and prescribing the nature of

information to be recorded and authorizing the minister to determine the form

in which those records must be kept;

(o) exempting any radiation equipment or radiation installation, temporarily

or permanently, from any or all of the provisions of this Part, conditionally

or unconditionally;

(p) for the purposes of subsections 5-4(2) and (3) and sections 5-8, 5-12

and 5-13, prescribing periods within which statements, itineraries, notices,

information, plans or other things mentioned in those sections must be provided

or submitted;

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(q) for the purposes of clause 5-15(2)(c), prescribing other measures;

(r) for the purposes of subsection 5-23(2):

(i) prescribing persons or categories of persons as persons who are

directly affected by a decision of a radiation health ofcer; and

(ii) prescribing persons or categories of person who are not persons

directly affected by a decision of a radiation health ofcer;

(s) for the purposes of clause 5-29(1)(d), prescribing an Act or regulations;

(t) prescribing any matter or thing that is required or authorized by this

Part to be prescribed in the regulations;

(u) respecting any other matter or thing that the Lieutenant Governor in

Council considers necessary to carry out the intent of this Part.

2020, c 12, s.17.

Codes of practice

5‑43(1) For the purpose of providing practical guidance with respect to the

requirements of any provision of this Part or the regulations made pursuant to this

Part, the minister may, after any consultation with the committee and any other

interested persons or associations that the minister considers advisable:

(a) issue any code of practice; and

(b) amend or repeal any code of practice issued pursuant to clause (a).

(2) If a code of practice is issued, amended or repealed, the minister shall publish

a notice in The Saskatchewan Gazette identifying the code of practice, specifying

the provisions of this Part or the regulations made pursuant to this Part to which it

relates and stating the effective date of the code of practice, amendment or repeal.

(3) The failure by a person to observe any provision of a code of practice is not of

itself an offence.

(4) If a person is charged with a contravention of this Part or a regulation made

pursuant to this Part with respect to which the minister has issued a code of practice,

the code of practice is admissible as evidence in a prosecution for the contravention.

(5) A copy of a code of practice or an amendment to a code of practice that is certied

to be a true copy by the minister is admissible in evidence in any court without proof

of the signature, appointment or authority of the minister.

2020, c 12, s.17.

Exemptions

5‑44(1) In order to meet the special circumstances in a particular case, the director

of occupational health and safety may, on receipt of a written application and after

any consultation with interested persons that the director considers advisable,

exempt conditionally or otherwise any person or category of persons from any

provision of this Part or the regulations made pursuant to this Part or a code of

practice.

(2) An exemption pursuant to subsection (1) is to be made only if the director of

occupational health and safety is satised that the standard of health and safety

of any worker is not materially affected by the exemption

2020, c 12, s.17.

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PART VI

Labour Relations

DIVISION 1

Preliminary Matters for Part

Interpretation of Part

6‑1(1) In this Part:

(a) “bargaining unit” means:

(i) a unit that is determined by the board as a unit appropriate for

collective bargaining; or

(ii) if authorized pursuant to this Part, a unit comprised of employees

of two or more employers that is determined by the board as a unit

appropriate for collective bargaining;

(b) “certication order” means a board order issued pursuant to

section 6-13 or clause 6-18(4)(e) that certies a union as the bargaining agent

for a bargaining unit;

to subsection 6-93(2);

(d) “collective agreement” means a written agreement between an

employer and a union that:

(i) sets out the terms and conditions of employment; or

(ii) contains provisions respecting rates of pay, hours of work or other

working conditions of employees;

(e) “collective bargaining” means:

(i) negotiating in good faith with a view to the conclusion of a collective

agreement or its renewal or revision;

(ii) putting the terms of an agreement in writing if those terms were

arrived at in negotiations or are required to be inserted into a collective

agreement by this Part;

(iii) executing a collective agreement by or on behalf of the parties; and

(iv) negotiating from time to time the settlement of disputes and

grievances of employees covered by a collective agreement or represented

by a union;

(f) “collective bargaining order” means a board order made pursuant to

clause 6-104(2)(a);

(g) “director of labour relations” means the person appointed as director

of labour relations pursuant to section 6-118;

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(h) “employee” means:

(i) a person employed by an employer other than:

(A) a person whose primary responsibility is to exercise authority

and perform functions that are of a managerial character; or

(B) a person whose primary duties include activities that are of a

condential nature in relation to any of the following and that have

a direct impact on the bargaining unit the person would be included

in as an employee but for this paragraph:

(I) labour relations;

(II) business strategic planning;

(III) policy advice;

(IV) budget implementation or planning;

(ii) a person engaged by another person to perform services if, in the

opinion of the board, the relationship between those persons is such that

the terms of the contract between them can be the subject of collective

bargaining; and

(iii) any person designated by the board as an employee for the purposes

of this Part notwithstanding that, for the purpose of determining whether

or not the person to whom he or she provides services is vicariously liable

for his or her acts or omissions, he or she may be held to be an independent

contractor;

and includes:

(iv) a person on strike or locked out in a current labour-management

dispute who has not secured permanent employment elsewhere; and

(v) a person dismissed from his or her employment whose dismissal is

the subject of any proceedings before the board or subject to grievance or

arbitration in accordance with Subdivision 3 of Division 9;

(i) “employer” means:

(i) an employer who customarily or actually employs three or more

employees;

(ii) an employer who employs fewer than three employees if at least

one of the employees is a member of a union that includes among its

membership employees of more than one employer; or

(iii) with respect to any employees of a contractor who supplies the

services of the employees for or on behalf of a principal pursuant to the

terms of any contract entered into by the contractor or principal, the

contractor or principal as the board may determine for the purposes of

this Part;

(j) “executive ofcer” means the executive ofcer of the board mentioned

in section 6-97;

(k) “labour organization” means an organization of employees who are not

necessarily employees of one employer that has collective bargaining among

its purposes;

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(l) “labour relations ofcer” means a person appointed as a labour relations

ofcer pursuant to subsection 6-119(1);

(m) “lockout” means one or more of the following actions taken by an

employer for the purpose of compelling employees to agree to terms and

conditions of employment:

(i) the closing of all or part of a place of employment;

(ii) a suspension of work;

(iii) a refusal to continue to employ employees;

(n) “strike” means any of the following actions taken by employees:

(i) a cessation of work or a refusal to work or to continue to work by

employees acting in combination or in concert or in accordance with a

common understanding;

(ii) any other concerted activity on the part of employees in relation

to their work that is designed to restrict or limit output or the effective

delivery of services;

(o) Repealed. 2021, c 38, s.4.

(p) “union” means a labour organization or association of employees that:

(i) has as one of its purposes collective bargaining; and

(ii) is not dominated by an employer;

(q) “unit” means any group of employees of an employer or, if authorized

pursuant to this Part, of two or more employers.

(2) Unless otherwise ordered by the board, an employer remains subject to a

certication order, a collective agreement and the other provisions of this Part

notwithstanding that the employer, at any time or from time to time, ceases to be

an employer within the meaning of this Part.

(3) Subject to the regulations made pursuant to this Part, every provision of this

Part conferring or imposing a right, duty or obligation on an employer applies, with

any necessary modication, to the following persons:

(a) a representative employers’ organization determined in accordance with

Division 13;

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(b) a designated employers’ organization determined in accordance with

Division 14.

(4) Subsection (3) is not to be construed as relieving employers who are members

of a representative employers’ organization or a designated employers’ organization

from complying with the obligations that are imposed on employers by this Part

and that are not carried out by the organizations.

(5) Every provision of this Part imposing or conferring a right, duty or obligation on

a union applies, with any necessary modication, to a council of unions determined

in accordance with Division 13.

(6) Subsection (5) is not to be construed as relieving unions that are members of

a council of unions from complying with the obligations that are imposed on unions

by this Part and that are not carried out by the council of unions.

2013, c.S-15.1, s.6-1; 2021, c 38, s.4.

Responsibility and powers of minister re Part

6‑2(1) The minister is responsible for all matters not by law assigned to any other

minister or agency of the government relating to labour relations.

(2) For the purpose of carrying out the minister’s responsibilities pursuant to this

Part, the minister may:

(a) provide assistance to employers, employees, unions and other persons

to understand the rights and obligations created by this Part by providing

seminars, developing informational material and answering questions relating

to those rights and obligations; and

(b) do any other thing that the minister considers necessary or appropriate to

carrying out the minister’s responsibilities or exercising the minister’s powers

pursuant to this Part and the regulations made pursuant to this Part.

(3) Without restricting the generality of subsection (2), the minister may appoint

one or more persons to perform duties specied by the minister in connection with

a labour-management dispute for the purpose of helping to resolve that dispute,

whether or not that dispute is regulated by the provisions of this Part.

2013, c.S-15.1, s.6-2; 2020, c 12, s.18.

Capacity of unions

6‑3 For the purposes of this Act, every union is deemed to be a person.

2013, c.S-15.1, s.6-3; 2020, c 12, s.19.

DIVISION 2

Rights, Duties, Obligations and Prohibitions

Right to form and join a union and to be a member of a union

6‑4(1) Employees have the right to organize in and to form, join or assist unions

and to engage in collective bargaining through a union of their own choosing.

(2) No employee shall unreasonably be denied membership in a union.

2013, c.S-15.1, s.6-4.

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Coercion and intimidation prohibited

6‑5 No person shall use coercion or intimidation of any kind that could reasonably

have the effect of compelling or inducing a person to become or to refrain from

becoming or to continue to be or to cease to be a member of a union.

2013, c.S-15.1, s.6-5.

Certain actions against employees prohibited

6‑6(1) No person shall do any of the things mentioned in subsection (2) against

another person:

(a) because of a belief that the other person may testify in a proceeding

pursuant to this Part;

(b) because the person has made or is about to make a disclosure that may

be required of the person in a proceeding pursuant to this Part;

exercised a right conferred pursuant to this Part; or

(d) because the person has participated or is about to participate in a

proceeding pursuant to this Part.

(2) In the circumstances mentioned in subsection (1), no person shall do any of

the following:

(a) refuse to employ or refuse to continue to employ a person;

(b) threaten termination of employment or otherwise threaten a person;

respect to employment or a term or condition of employment or membership

in a union;

(d) intimidate or coerce or impose a pecuniary or other penalty on a person.

2013, c.S-15.1, s.6-6.

Good faith bargaining

6‑7 Every union and employer shall, in good faith, engage in collective bargaining

in the time and in the manner required pursuant to this Part or by an order of the

board.

2013, c.S-15.1, s.6-7.

Board order re religious objections

6‑8(1) Subject to subsection (2), the board may, by order, exclude an employee

from a bargaining unit if the board is satised that the employee objects to joining

or belonging to a union or to paying dues and assessments to a union as a matter

of conscience based on religious training or belief.

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(2) An employee excluded from a bargaining unit in accordance with subsection (1)

shall pay an amount equal to any union dues and other assessments to a charitable

organization registered in Canada pursuant to Part I of the Income Tax Act (Canada)

that:

(a) is agreed on by the employee and the union; or

(b) if no agreement is made pursuant to clause (a), is designated by the board.

2013, c.S-15.1, s.6-8.

DIVISION 3

Acquisition and Termination of Bargaining Rights

Acquisition of bargaining rights

6‑9(1) A union may, at any time, apply to the board to be certied as bargaining

agent for a unit of employees appropriate for collective bargaining if a certication

order has not been issued for all or a portion of that unit.

(2) When applying pursuant to subsection (1), a union shall:

(a) establish that 45% or more of the employees in the unit have within the 90

days preceding the date of the application indicated that the applicant union

is their choice of bargaining agent; and

(b) le with the board evidence of each employee’s support that meets the

prescribed requirements.

2013, c.S-15.1, s.6-9.

Change in union representation

6‑10(1) If a union has been certied as the bargaining agent for a bargaining unit,

another union may apply to the board to be certied as bargaining agent:

(a) for the bargaining unit; or

(b) for a portion of the bargaining unit:

(i) if the applicant union establishes to the satisfaction of the board that

the portion of the bargaining unit that is the subject of the application

should be separately certied as a unit appropriate for collective

bargaining; or

(ii) if the applicant union is certied as the bargaining agent in another

bargaining unit with the same employer or, in circumstances addressed

in Division 14, with two or more health sector employers as dened in

section 6-82 and the applicant union establishes to the satisfaction of the

board that the portion of the bargaining unit that is the subject of the

application should be moved into the other bargaining unit.

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(2) When making an application pursuant to subsection (1), a union shall:

(a) establish that:

(i) for an application made in accordance with clause (1)(a), 45% or

more of the employees in the bargaining unit have within the 90 days

preceding the date of the application indicated that the applicant union

is their choice of bargaining agent; or

(ii) for an application made in accordance with clause (1)(b), 45% or more

of the employees in the unit of employees proposed to be established or

proposed to be moved from one bargaining unit to another have within

the 90 days preceding the date of the application indicated that the

applicant union is their choice of bargaining agent; and

(b) le with the board evidence of each employee’s support that meets the

prescribed requirements.

(3) Subject to subsection (4), an application pursuant to subsection (1) must be

made not less than 60 days and not more than 120 days before:

(a) the anniversary date of the effective date of the collective agreement; or

(b) if a collective agreement has not been concluded, the anniversary date of

the certication order.

(4) With respect to an application made pursuant to subclause (1)(b)(ii), the

application must be made not less than 60 days and not more than 120 days before:

(a) the anniversary date of the effective date of any of the collective agreements

with an employer mentioned in that subclause; or

(b) the anniversary date of the effective date of any of the certication orders

governing an employer mentioned in that subclause.

2013, c.S-15.1, s.6-10.

Determination of bargaining unit

6‑11(1) If a union applies for certication as the bargaining agent for a unit or a

portion of a bargaining unit or to move a portion of one bargaining unit to another

bargaining unit, including a bargaining unit comprised of supervisory employees, as

dened in clause 6-1(1)(o) of this Act as that clause read before the coming into force

of The Saskatchewan Employment Amendment Act, 2021, the board shall determine:

(a) if the unit of employees is appropriate for collective bargaining; or

(b) in the case of an application to move a portion of one bargaining unit to

another bargaining unit, if the portion of the unit should be moved.

(2) In making the determination required pursuant to subsection (1), the board

may include or exclude persons in the unit proposed by the union.

(3) Repealed. 2021, c 38, s.5.

(4) Repealed. 2021, c 38, s.5.

(5) Repealed. 2021, c 38, s.5.

(6) Repealed. 2021, c 38, s.5.

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(7) In making the determination required by subsection (1) as it relates to the

construction industry within the meaning of Division 13, the board shall:

(a) make no presumption that a craft unit is the more suitable unit appropriate

for collective bargaining; and

(b) determine the bargaining unit by reference to whatever factors the board

considers relevant to the application, including:

(i) the geographical jurisdiction of the union making the application; and

(ii) whether the certication order should be conned to a particular

project.

2013, c.S-15.1, s.6-11; 2021, c 38, s.5.

Representation vote

6‑12(1) Before issuing a certication order on an application made in accordance

with section 6-9 or amending an existing certication order on an application made

in accordance with section 6-10, the board shall direct a vote of all employees eligible

to vote to determine whether the union should be certied as the bargaining agent

for the proposed bargaining unit.

(2) Notwithstanding that a union has not established the level of support required

by subsection 6-9(2) or 6-10(2), the board shall make an order directing a vote to be

taken to determine whether a certication order should be issued or amended if:

(a) the board nds that the employer or a person acting on behalf of the

employer has committed an unfair labour practice or has otherwise contravened

this Part;

(b) there is insufcient evidence before the board to establish that 45% or more

of the employees in the proposed bargaining unit support the application; and

would have been obtained but for the unfair labour practice or contravention

of this Part.

(3) Notwithstanding subsection (1), the board may refuse to direct the vote if the

board has, within the 12 months preceding the date of the application, directed a

vote of employees in the same unit or a substantially similar unit on the application

of the same union.

2013, c.S-15.1, s.6-12.

Certication order

6‑13(1) If, after a vote is taken in accordance with section 6-12, the board is

satised that a majority of votes that are cast favour certication of the union as

the bargaining agent for a unit of employees, the board shall issue an order:

(a) certifying the union as the bargaining agent for that unit; and

(b) if the application is made pursuant to subclause 6-10(1)(b)(ii), moving a

portion of one bargaining unit into another bargaining unit.

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(2) If a union is certied as the bargaining agent for a bargaining unit:

(a) the union has exclusive authority to engage in collective bargaining for

the employees in the bargaining unit and to bind it by a collective agreement

until the order certifying the union is cancelled; and

(b) if a collective agreement binding on the employees in the bargaining unit

is in force at the date of certication, the agreement remains in force and shall

be administered by the union that has been certied as the bargaining agent

for the bargaining unit.

2013, c.S-15.1, s.6-13.

Application to cancel certication order – union ceases to be a union

6‑14(1) An application may be made to the board to cancel a certication order by

an employee within the bargaining unit or the employer named in the certication

order on the grounds that the union named in the certication order is no longer

a union within the meaning of clause 6-1(1)(p) or that the union no longer exists.

(2) On an application pursuant to subsection (1), the board shall cancel the

certication order if the board concludes that the union named in the certication

order is no longer a union within the meaning of clause 6-1(1)(p) or that the union

no longer exists.

2013, c.S-15.1, s.6-14.

Application to cancel certication order – unfair labour practice

6‑15(1) An application may be made to the board to cancel a certication order by

an employee within the bargaining unit or the employer named in the certication

order on the grounds that the union or any person acting on behalf of the union

engaged in an unfair labour practice or otherwise contravened this Part before the

certication order was issued.

(2) If the board is satised that the certication order would not have been granted

but for the unfair labour practice or other contravention of this Part, the board shall

direct that a vote be taken of the employees in the bargaining unit.

(3) If a majority of the votes cast in a vote directed in accordance with subsection (2)

favour cancelling the certication order, the board shall cancel the certication order.

2013, c.S-15.1, s.6-15.

Application to cancel certication order – abandonment

6‑16(1) An application may be made to the board to cancel a certication order by

an employee within the bargaining unit or the employer named in the certication

order if the union has been inactive in promoting and enforcing its bargaining rights

for a period of three years or more.

(2) The board shall cancel the certication order if the board is satised that the

union has been inactive in promoting and enforcing its bargaining rights in the

period mentioned in subsection (1).

2013, c.S-15.1, s.6-16.

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Application to cancel certication order – loss of support

6‑17(1) An employee within a bargaining unit may apply to the board to cancel a

certication order if the employee:

(a) establishes that 45% or more of the employees in the bargaining unit have

within the 90 days preceding the date of the application indicated support for

removing the union as bargaining agent; and

(b) les with the board evidence of each employee’s support that meets the

prescribed requirements.

(2) On receipt of an application pursuant to subsection (1), the board shall direct

that a vote be taken of the employees in the bargaining unit.

(3) If a majority of the votes cast in a vote directed in accordance with subsection (2)

favour removing the union as bargaining agent, the board shall cancel the

certication order.

(4) An application must not be made pursuant to this section:

(a) during the two years following the issuance of the rst certication order;

(b) during the 12 months following a refusal pursuant to this section to cancel

the certication order.

2013, c.S-15.1, s.6-17.

DIVISION 4

Successor Rights and Obligations

Transfer of obligations

6‑18(1) In this Division, “disposal” means a sale, lease, transfer or other

disposition.

(2) Unless the board orders otherwise, if a business or part of a business is disposed

of:

(a) the person acquiring the business or part of the business is bound by all

board orders and all proceedings had and taken before the board before the

acquisition; and

(b) the board orders and proceedings mentioned in clause (a) continue as if

the business or part of the business had not been disposed of.

(3) Without limiting the generality of subsection (2) and unless the board orders

otherwise:

(a) if before the disposal a union was determined by a board order to be the

bargaining agent of any of the employees affected by the disposal, the board

order is deemed to apply to the person acquiring the business or part of the

business to the same extent as if the order had originally applied to that

person; and

(b) if any collective agreement affecting any employees affected by the disposal

was in force at the time of the disposal, the terms of that collective agreement

are deemed to apply to the person acquiring the business or part of the business

to the same extent as if the collective agreement had been signed by that person.

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(4) On the application of any union, employer or employee directly affected by a

disposal, the board may make orders doing any of the following:

(a) determining whether the disposal or proposed disposal relates to a

business or part of a business;

(b) determining whether, on the completion of the disposal of a business or

part of the business, the employees constitute one or more units appropriate

for collective bargaining;

unit;

(d) directing that a vote be taken of all employees eligible to vote;

(e) issuing a certication order;

(f) amending, to the extent that the board considers necessary or advisable:

(i) a certication order or a collective bargaining order; or

(ii) the description of a bargaining unit contained in a collective

agreement;

(g) giving any directions that the board considers necessary or advisable

as to the application of a collective agreement affecting the employees in the

bargaining unit referred to in the certication order.

(5) Section 6-13 applies, with any necessary modication, to a certication order

issued pursuant to clause (4)(e).

2013, c.S-15.1, s.6-18.

Effect of business becoming subject to Saskatchewan laws

6‑19 Unless the board otherwise orders, if collective bargaining relating to a

business is governed by the laws of Canada, and the business or part of the business

becomes subject to the laws of Saskatchewan:

(a) section 6-18 applies, with any necessary modication, to any collective

agreement and to the parties to the collective agreement that were governed

by the laws of Canada; and

(b) the person owning or acquiring the business or part of the business is

bound by any collective agreement in force when the business or part of the

business becomes subject to the laws of Saskatchewan.

2013, c.S-15.1, s.6-19.

Board may declare related businesses to be one employer

6‑20(1) On the application of any union or employer affected, the board may, by

order, declare more than one corporation, partnership, individual or association to be

one employer for the purposes of this Part if, in the opinion of the board, associated

or related businesses, undertakings or other activities are carried on under common

control or direction by one person through the different corporations, partnerships,

individuals or associations.

(2) Subsection (1) applies only to corporations, partnerships, individuals or

associations that have common control or direction on or after October 28, 1994.

2013, c.S-15.1, s.6-20.

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Successor union

6‑21(1) Unless the board orders otherwise, no board order, collective agreement

or proceeding had or taken pursuant to this Part is rendered void, terminated,

abrogated or curtailed in any way by reason only of:

(a) a change in the name of a union;

(b) the amalgamation, merger or afliation of a union or any part of any

union with another union; or

or with respect to any board order, agreement or proceeding to another union.

(2) Unless the board orders otherwise, if a union, as a result of an amalgamation,

merger or afliation with another union, has changed its name, all board orders,

agreements and proceedings pursuant to this Part and all records relating to the

union, on and after the effective date of the amalgamation, merger or afliation

and without any board order, are deemed to be amended by the substitution of the

new name of the union for the former name wherever it appears.

(3) Unless the board orders otherwise, notwithstanding the change of name,

amalgamation, merger, afliation, transfer or assignment mentioned in subsection (1)

or (2), all board orders, agreements and proceedings pursuant to this Part:

(a) inure to the benet of the successor, transferee or assignee, as the case

may be; and

(b) apply to all persons affected by the board orders, agreements and

proceedings pursuant to this Part.

2013, c.S-15.1, s.6-21.

DIVISION 5

Votes

Votes by secret ballot

6‑22(1) All votes required pursuant to this Part or directed to be taken by the

board must be by secret ballot.

(2) A vote by secret ballot is not required among employees in a bargaining unit

consisting of two employees or fewer.

(3) An employee who has voted at a vote taken pursuant to this Part is not competent

or compellable to give evidence before the board or in any court proceedings as to

how the vote was cast.

(4) The results of the vote mentioned in subsection (1), including the number of

ballots cast and the votes for, against or spoiled, must be made available to the

employees who were entitled to vote.

2013, c.S-15.1, s.6-22.

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Voting requirements

6‑23 On the application of the affected union or an affected employee or on its own

motion, the board may:

(a) require that a vote required pursuant to this Part, or directed to be taken

by the board, be supervised, conducted or scrutinized by the board or a person

appointed by the board;

(b) establish the manner and time in which the vote is required to be conducted

and when and how notice of the vote must be provided to those entitled to vote;

requirements as to who is entitled to vote;

(d) determine whether a person:

(i) satises the eligibility requirements; and

(ii) is an employee or is an employee entitled to vote; and

(e) require that the employer and the union give all eligible employees an

opportunity to vote.

2013, c.S-15.1, s.6-23.

DIVISION 6

Collective Bargaining

Commencing collective bargaining – rst agreement

6‑24 Authorized representatives of the union and the employer shall:

(a) meet within 20 days after the board issues a certication order or any

other period that the parties agree on; and

(b) commence collective bargaining with a view to concluding a collective

agreement.

2013, c.S-15.1, s.6-24.

Assistance re rst collective agreement

6‑25(1) The employer or the union may apply to the board for assistance in the

conclusion of a rst collective agreement, and the board may provide assistance

pursuant to subsection (6), if:

(a) the board has issued a certication order or a collective bargaining order;

(b) the union and the employer have engaged in collective bargaining and

have failed to conclude a rst collective agreement; and

(i) the union has taken a strike vote and the majority of those employees

who voted have voted for a strike;

(ii) the employer has declared a lockout;

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(iii) the board has made a determination pursuant to clause 6-62(1)(d)

or 6-63(1)(c) and, in the opinion of the board, it is appropriate to assist

the parties in the conclusion of a rst collective agreement;

(iv) 90 days or more have passed since the board made the certication

order.

(2) If an application is made pursuant to subsection (1):

(a) an employee shall not strike or continue to strike and the union shall not

declare, authorize or counsel a strike; and

(b) the employer shall not lock out or continue to lock out the employees.

(3) An application pursuant to subsection (1) must include a list of the disputed

issues and a statement of the position of the applicant on those issues, including

the applicant’s last offer on those issues.

(4) All materials led with the board in support of an application pursuant to

subsection (1) must be served on the other party within 24 hours after ling the

application with the board.

(5) Within 14 days after receiving the information mentioned in subsection (4),

the other party shall:

(a) le with the board a list of the disputed issues and a statement of the

position of that party on those issues, including that party’s last offer on those

issues; and

(b) serve on the applicant a copy of the list and statement.

(6) On receipt of an application pursuant to subsection (1):

(a) the board may require the parties to request the minister to appoint a

labour relations ofcer or special mediator to mediate the dispute or establish

a conciliation board pursuant to section 6-29; and

(b) if a period of 120 days has elapsed since the appointment of the labour

relations ofcer or special mediator or the establishment of a conciliation board

pursuant to clause (a), the board may do any of the following:

(i) conclude, within 45 days after the date of the order, any term or terms

of the rst collective agreement between the parties;

(ii) order arbitration by a single arbitrator to conclude, within 45

days after the date of the order, any term or terms of the rst collective

agreement.

(7) Before concluding any term or terms of a rst collective agreement, the board

or a single arbitrator may hear:

(a) evidence adduced relating to the parties’ positions on disputed issues; and

(b) argument by the parties or their counsel or agent.

2013, c.S-15.1, s.6-25.

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Commencing collective bargaining – renewal or revision

6‑26(1) Before the expiry of a collective agreement, either party to the collective

agreement may give notice in writing to the other party within the period set out

in subsection (2) to negotiate a renewal or revision of the collective agreement or a

new collective agreement.

(2) A written notice pursuant to subsection (1) must be given not less than 60 days

nor more than 120 days before the expiry date of the collective agreement.

(3) If a written notice is given pursuant to subsection (1), the parties shall

immediately engage in collective bargaining with a view to concluding a renewal

or revision of a collective agreement or a new collective agreement.

2013, c.S-15.1, s.6-26.

DIVISION 7

Assistance in Bargaining

Appointment of labour relations ofcer

6‑27 On the request of either party to a labour-management dispute or on the

minister’s own initiative, the minister may require the director of labour relations to

appoint a labour relations ofcer to investigate, mediate and report to the minister

on the labour-management dispute.

2013, c.S-15.1, s.6-27.

Special mediator

6‑28(1) On the request of either party to a labour-management dispute or on the

minister’s own initiative, the minister may do all or any of the following:

(a) appoint a person as a special mediator to investigate, mediate and report

to the minister on any labour-management dispute;

(b) establish any terms of reference that the minister considers necessary

with respect to any of the following:

(i) the remuneration to be paid to the special mediator;

(ii) the procedures to be followed by the special mediator;

(iii) the publication of any reports submitted by the special mediator;

mediator.

(2) A special mediator appointed by the minister pursuant to subsection (1):

(a) has the powers of a commissioner pursuant to sections 11, 15 and 25 of

The Public Inquiries Act, 2013; and

(b) is not bound by the rules of evidence, but may receive and accept any

evidence that the special mediator considers appropriate.

2013, c.S-15.1, s.6-28; 2014, c.27, s.6.

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Conciliation board

6‑29(1) On the request of either party to a labour-management dispute or on

the minister’s own initiative, the minister may establish a conciliation board to

investigate, conciliate and report to the minister on the labour-management dispute.

(2) In establishing a conciliation board, the minister may determine the following:

(a) how conciliation board members are to be selected;

(b) the terms of reference for the conciliation board;

activities;

(d) the remuneration to be paid to conciliation board members;

(e) whether the conciliation board is to provide a report to the parties or only

to the minister and, if the report is to be provided only to the minister, whether

the minister will publicly release the report.

(3) The minister shall designate one member of a conciliation board as chairperson.

(4) The chairperson of the conciliation board:

(a) has the powers of a commissioner pursuant to sections 11, 15 and 25 of

The Public Inquiries Act, 2013; and

(b) is not bound by the rules of evidence, but may receive and accept any

evidence that the chairperson considers appropriate.

2013, c.S-15.1, s.6-29; 2015, c.27, s.7.

DIVISION 8

Strikes and Lockouts

Lockouts and strikes prohibited during term of collective agreement

6‑30(1) No employer bound by a collective agreement shall declare a lockout

of employees bound by the collective agreement during the term of a collective

agreement.

(2) No employee or union bound by a collective agreement shall, during the term

of a collective agreement:

(a) counsel a strike against the employer bound by the collective agreement; or

(b) declare, authorize or participate in a strike against the employer bound

by the collective agreement.

2013, c.S-15.1, s.6-30.

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Bargaining required before strike vote or lockout

6‑31 No union shall take a vote on the question of whether to strike and no employer

shall declare a lockout before the union and the employer or their authorized

representatives have engaged in collective bargaining in accordance with this Part.

2013, c.S-15.1, s.6-31.

Strike vote required

6‑32 No union shall declare or authorize a strike and no employee shall strike

before a vote has been taken by the employees in the bargaining unit affected and

the majority of those employees who vote have voted for a strike.

2013, c.S-15.1, s.6-32.

Notice of impasse and mediation or conciliation required before strike or lockout

6‑33(1) If, in the opinion of an employer or a union, collective bargaining to conclude

a collective agreement has reached a point where agreement cannot be achieved,

the employer or union shall serve a written notice on the minister and the other

party that an impasse has been reached.

(2) The written notice mentioned in subsection (1) must set out the essential

services, if any, that, in the opinion of the party providing the notice, must be

maintained in the event of a strike or lockout.

(3) Within three days after receiving the notice mentioned in subsection (1), the

other party that received the written notice shall serve a written notice on the

minister and the other party setting out the essential services that, in that party’s

opinion, must be maintained in the event of a strike or lockout.

(4) As soon as possible after receipt of a written notice pursuant to subsection (1),

the minister shall appoint a labour relations ofcer or a special mediator, or establish

a conciliation board, to mediate or conciliate the dispute.

(5) Subject to subsection (6), the labour relations ofcer, special mediator or

conciliation board shall give a report, recommendation or decision to the minister

and the parties within 60 days after the date of his, her or its appointment.

(6) The parties may agree to extend the time set pursuant to subsection (5) for

giving a report, recommendation or decision.

(7) No strike is to be commenced and no lockout is to be declared:

(a) unless a labour relations ofcer or special mediator is appointed or a

conciliation board is established pursuant to subsection (4);

(b) unless:

(i) the labour relations ofcer, special mediator or conciliation board has

informed the minister and the parties that the labour relations ofcer,

special mediator or conciliation board does not intend to recommend

terms of settlement; or

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(ii) the labour relations ofcer, special mediator or conciliation board has

informed the minister that the parties have not accepted the recommended

terms of settlement by the date set by the labour relations ofcer, special

mediator or conciliation board;

has informed the minister and the parties in a report that the dispute has not

been settled; and

(d) until:

(i) in the case where no essential services are identied by the parties

or there is an essential services agreement in effect between the parties,

the expiry of 14 days after the date on which the labour relations ofcer,

special mediator or conciliation board has informed the minister pursuant

to clause (c); or

(ii) in the case where essential services are identied by either party

and there is no essential services agreement in effect between the parties,

the expiry of seven days after the date on which the labour relations

ofcer, special mediator or conciliation board has informed the minister

pursuant to clause (c).

(8) If it appears to the labour relations ofcer, special mediator or conciliation

board that settlement of the dispute is unlikely before a strike or lockout, the labour

relations ofcer, special mediator or conciliation board shall discuss with the union

and the employer whether it is necessary to establish a shutdown protocol that

preserves the plant, equipment and any perishable items.

(9) In this section, “essential services agreement” means an essential services

agreement as dened in Part VII.

2013, c.S-15.1, s.6-33; 2015, c.31, s.5.

Notice re strikes or lockouts

6‑34 No strike is to be commenced and no lockout is to be declared unless the

union or employer:

(a) gives the other party at least 48 hours’ written notice of the date and time

that the strike or lockout will commence; and

(b) promptly, after service of the notice, noties the minister of the date and

time that the strike or lockout will commence.

2013, c.S-15.1, s.6-34.

Vote on employer’s last offer

6‑35(1) At any time after the parties have engaged in collective bargaining, any of

the following may apply to the board to conduct a vote among the employees in the

bargaining unit to determine whether a majority of employees voting are in favour

of accepting the employer’s last offer:

(a) the union;

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(b) the employer;

represent at least 45% of the bargaining unit or 100 employees, whichever is

less.

(2) On receipt of an application pursuant to this section, the board shall direct

that a vote be taken.

(3) Only one vote with respect to the same dispute may be held pursuant to this

section.

(4) On the recommendation of a labour relations ofcer, a special mediator or a

conciliation board or if the minister considers it to be in the public interest, the

minister may require the board to order a vote on the employer’s last offer.

(5) A vote required in accordance with subsection (4) may be in addition to a vote

taken on an application pursuant to subsection (1).

(6) If a majority of votes cast favour acceptance of the employer’s last offer:

(a) a collective agreement is thereby concluded between the parties; and

(b) the collective agreement is to consist of the terms voted on and any other

matters agreed to by the union and the employer.

2013, c.S-15.1, s.6-35.

Benets during strike or lockout

6‑36(1) In this section, “benet plan” means a medical, dental, disability or life

insurance plan or other similar plan.

(2) During a strike or lockout, the union representing striking or locked-out

employees in a bargaining unit may tender payments to the employer, or to a person

who was, before the strike or lockout, obliged to receive the payment:

(a) in amounts sufcient to continue the employees’ membership in a benet

plan; and

(b) on or before the regular due dates of those payments.

(3) The employer or other person mentioned in subsection (2) shall accept any

payment tendered by the union in accordance with subsection (2).

(4) No person shall cancel or threaten to cancel an employee’s membership in a

benet plan if the union tenders payment in accordance with subsection (2).

(5) On the request of the union, the employer shall provide the union with any

information required to enable the union to make the payments mentioned in

subsection (2).

2013, c.S-15.1, s.6-36.

Reinstatement of employees after strike or lockout

6‑37(1) Following the conclusion of a strike or lockout, if an employer and a union

have not reached an agreement for reinstating striking or locked-out employees,

the employer shall reinstate striking or locked-out employees in accordance with

this section.

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(2) Subject to subsection (3), an employer shall reinstate each striking or locked-out

employee to the position that the employee held when the strike or lockout began.

(3) If there is not sufcient work for all striking or locked-out employees after the

conclusion of a strike or lockout, the employer shall:

(a) reinstate striking or locked-out employees:

(i) in accordance with any provisions in the collective agreement

respecting recall based on seniority as dened in the collective agreement

in force in that bargaining unit; or

(ii) if there are no provisions in the collective agreement respecting recall

based on seniority, in accordance with each employee’s length of service,

as determined when the strike or lockout began, in relation to the length

of service of other employees in the bargaining unit who were employed

when the strike or lockout began; and

(b) provide to striking or locked-out employees who are not reinstated notice

of layoff or pay instead of notice:

(i) in accordance with the collective agreement;

(ii) in accordance with a back-to-work protocol agreed to by the employer

and the union, notwithstanding Subdivision 12 of Division 2 of Part II; or

(iii) if there is no back-to-work protocol or collective agreement in force,

in accordance with Subdivision 12 of Division 2 of Part II.

(4) Striking or locked-out employees are entitled to displace any persons who were

hired to perform the work of striking or locked-out employees during the strike or

lockout.

(5) An employer is not in contravention of subsection (2) or (3) if:

(a) the employer claims that the employee has been terminated for a cause

for which the employee might have been discharged; and

(b) either:

(i) the termination has not been grieved; or

(ii) if the termination has been grieved, the grievance process has not

resulted in the reinstatement of the employee.

(6) Notwithstanding any provision in a collective agreement, the time worked by

an employee during a strike or lockout does not constitute accrued service for the

purposes of computing seniority unless the employee was working with the consent

of the union.

2013, c.S-15.1, s.6-37.

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DIVISION 9

Collective Agreements

Subdivision 1

Ratication of and Length of Collective Agreements

Ratication vote

6‑38(1) If a ratication vote is required by one or both of the parties to conrm

the acceptance of a collective agreement, no union or employer shall fail to:

(a) commence the process of conducting the vote within 14 days after the

date on which the collective agreement was reached; and

(b) conclude the vote mentioned in clause (a) within 60 days after the date

on which the collective agreement was reached.

(2) All members of the union who are in the bargaining unit affected by the collective

agreement mentioned in subsection (1) are entitled to vote in the ratication vote.

2013, c.S-15.1, s.6-38.

Period for which collective agreements remain in force

6‑39(1) Except as provided in this Subdivision, every collective agreement remains

in force:

(a) for the term provided for in the collective agreement; and

(b) after the expiry of the term mentioned in clause (a), from year to year.

(2) Subject to subsection (3) and section 6-40, a collective agreement is deemed to

have a term of one year after the date on which it becomes effective if the collective

agreement:

(a) does not provide for a term;

(b) provides for an unspecied term; or

(3) The term of a collective agreement concluded pursuant to section 6-25 is:

(a) two years after the date on which it becomes effective; or

(b) any longer term that the parties agree on.

2013, c.S-15.1, s.6-39.

Authority of board to vary expiry dates in certain circumstances

6‑40(1) This section applies if:

(a) a union is, by its locals, councils or otherwise, a party to two or more

collective agreements affecting employees employed by the same employer in

two or more plants or establishments; and

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(b) the expiry dates of the collective agreements mentioned in clause (a) are

not the same.

(2) Notwithstanding section 6-39, the board may, by order, x a date as the expiry

date of all the collective agreements if:

(a) the board receives an application to do so from the union or the employer;

and

(b) in the opinion of the board, having regard to the interests of all parties

that might be affected, it is appropriate to make the order.

2013, c.S-15.1, s.6-40.

Subdivision 2

General Matters

Parties bound by collective agreement

6‑41(1) A collective agreement is binding on:

(a) a union that:

(i) has entered into it; or

(ii) becomes subject to it in accordance with this Part;

(b) every employee of an employer mentioned in clause (c) who is included

in or affected by it; and

(2) A person bound by a collective agreement, whether entered into before or after

the coming into force of this Part, must, in accordance with the provisions of the

collective agreement:

(a) do everything the person is required to do; and

(b) refrain from doing anything the person is required to refrain from doing.

(3) A failure to meet a requirement of subsection (2) is a contravention of this Part.

(4) If an agreement is reached as the result of collective bargaining, both parties

shall execute it.

(5) Nothing in this section requires or authorizes a person to do anything that

conicts with a requirement of this Part.

(6) If there is any conict between a provision of a collective agreement and a

requirement of this Part, the requirement of this Part prevails.

2013, c.S-15.1, s.6-41.

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Union security clause

6‑42(1) On the request of a union representing employees in a bargaining unit, the

following clause must be included in any collective agreement entered into between

that union and the employer concerned:

“1. Every employee who is now or later becomes a member of the union shall

maintain membership in the union as a condition of the employee’s employment.

“2. Every new employee shall, within 30 days after the commencement of the

employee’s employment, apply for and maintain membership in the union, and

maintain membership in the union as a condition of the employee’s employment.

“3. Notwithstanding paragraphs 1 and 2, any employee in the bargaining

unit who is not required to maintain membership or apply for and maintain

membership in the union shall, as a condition of the employee’s employment,

tender to the union the periodic dues uniformly required to be paid by the

members of the union”.

(2) Whether or not any collective agreement is in force, the clause mentioned in

subsection (1) is effective and its terms must be carried out by that employer with

respect to the employees on and after the date of the union’s request until the

employer is no longer required by this Part to engage in collective bargaining with

that union.

(3) In the clause mentioned in subsection (1), “the union” means the union

making the request.

(4) Failure on the part of any employer to carry out the provisions of subsections (1)

and (2) is an unfair labour practice.

(5) Subsection (6) applies if:

(a) membership in a union is a condition of employment; and

(b) either:

(i) membership in the union is not available to an employee on the same

terms and conditions generally applicable to other members; or

(ii) an employee is denied membership in the union or the employee’s

membership is terminated for reasons other than the failure of the

employee to tender the periodic dues, assessments and initiation fees

uniformly required to be paid by all other members of the union as a

condition of acquiring or maintaining membership.

(6) In the circumstances mentioned in subsection (5), if the employee tenders

payment of the periodic dues, assessments and initiation fees uniformly required

as a condition of acquiring and maintaining membership, the employee:

(a) is deemed to maintain membership in the union for the purposes of this

section; and

(b) shall not lose membership in the union for the purposes of this section for

failure to pay any dues, assessments and initiation fees that are not uniformly

required of all members or that in their application discriminate against any

member or members.

2013, c.S-15.1, s.6-42.

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Employer to deduct dues

6‑43(1) On the request in writing of an employee and on the request of a union or

union local representing the employees in the bargaining unit, the employer shall

deduct and pay in periodic payments out of the wages due to the employee the union

dues, assessments and initiation fees of the employee.

(2) The employer shall pay the dues, assessments and initiation fees mentioned

in subsection (1) to the union or union local representing the employee.

(3) The employer shall provide to the union or union local the names of the

employees who have given their authority to have the dues, assessments and

initiation fees mentioned in subsection (1) paid to the union or union local.

(4) Failure to make payments or provide information required by this section is

an unfair labour practice.

2013, c.S-15.1, s.6-43.

Copies of collective agreements to be led with minister

6‑44(1) Each of the parties to a collective agreement or any document altering,

modifying or amending a collective agreement shall le one copy of the collective

agreement or document with the minister.

(2) The copy mentioned in subsection (1) must be led promptly after execution

of the collective agreement or document.

(3) The minister shall cause every copy led pursuant to subsection (1) to be made

available for inspection by any person.

2013, c.S-15.1, s.6-44.

Subdivision 3

Resolution of Collective Agreement Disputes

Arbitration to settle disputes

6‑45(1) Subject to subsections (2) and (3), all disputes between the parties to a

collective agreement or persons bound by the collective agreement or on whose behalf

the collective agreement was entered into respecting its meaning, application or

alleged contravention, including a question as to whether a matter is arbitrable, are

to be settled by arbitration after exhausting any grievance procedure established

by the collective agreement.

(2) Subsection (1) does not prevent the director of employment standards as dened

in Part II or the director of occupational health and safety as dened in Part III

from exercising that director’s powers pursuant to this Act.

(3) Without restricting the generality of subsection (2), the director of employment

standards may issue wage assessments, issue hearing notices, take action to collect

outstanding wages or take any other action authorized pursuant to Part II that the

director of employment standards considers appropriate to enforce the claim of an

employee who is bound by a collective agreement.

2013, c.S-15.1, s.6-45.

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Arbitration procedure – single arbitrator

6‑46(1) Arbitration must be conducted in accordance with:

(a) subject to subsection (2), the procedures set out in the collective agreement;

(b) if the collective agreement does not provide procedures, the procedures

set out in this section; or

(2) Notwithstanding the terms of the collective agreement, the parties may agree

to use the procedures set out in this section for settling disputes mentioned in

section 6-45.

(3) After exhausting any grievance procedure established by the collective

agreement, a party may notify the other party in writing that it intends to submit

the dispute to arbitration.

(4) The notice mentioned in subsection (3) must contain the name of the person,

or a list of names of persons, that the party that gives the notice is willing to accept

as a single arbitrator.

(5) Within seven days after receiving a notice mentioned in subsection (3), the

party that receives the notice shall:

(a) notify the party that gives the notice that it accepts the name of an

arbitrator set out in the notice, and the dispute shall proceed to arbitration; or

(b) if it does not accept the name of an arbitrator set out in the notice, notify

the party and send that party a list of names of persons that it is willing to

accept as the arbitrator.

(6) If the parties cannot agree on an arbitrator within a further period of seven

days, either party may ask the minister to appoint an arbitrator.

(7) No person is eligible to be appointed as an arbitrator or shall act as an arbitrator

if the person:

(a) has a pecuniary interest in a matter before the arbitrator; or

(b) is acting or has, within a period of one year before the date on which notice

of intention to submit the matter to arbitration is given, acted as lawyer or

agent of any of the parties to the arbitration.

(8) The arbitrator shall:

(a) hear:

(i) evidence adduced relating to the dispute; and

(ii) argument by the parties or their lawyer or agent; and

(b) make a decision on the matter or matters in dispute.

2013, c.S-15.1, s.6-46.

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Arbitration procedure – arbitration board

6‑47(1) On agreement, the parties may use the procedures set out in this section for

the settlement of disputes mentioned in section 6-45.

(2) After exhausting any grievance procedure established by the collective

agreement, a party may notify the other party in writing that it intends to submit

the dispute to arbitration by an arbitration board.

(3) The notice mentioned in subsection (2) must contain the name of the person to

be appointed to the arbitration board by the party that gives the notice.

(4) Within seven days after receiving the notice mentioned in subsection (2), the

party receiving the notice shall:

(a) inform the other party whether it agrees to submit the matter to

arbitration before an arbitration board; and

(b) if the party agrees pursuant to clause (a):

(i) name the person whom it appoints to the arbitration board; and

(ii) provide the name of its appointee to the other party.

(5) If the party receiving the notice mentioned in subsection (2) has agreed to submit

the matter to an arbitration board and fails to appoint a member of the arbitration

board, the minister, on the request of a party, shall appoint a member on behalf of

the party failing to make an appointment.

(6) Within seven days after the appointment of the second member of the arbitration

board, the two appointees named by or for the parties shall appoint a third member

of the arbitration board, who shall be the chairperson of the arbitration board.

(7) If the two appointees named by or for the parties fail to agree on the appointment

of a third member of the arbitration board within the time specied in subsection (6),

the minister, on the request of a party, shall appoint the third member.

(8) The member of the arbitration board appointed pursuant to subsection (7) is

the chairperson of the arbitration board.

(9) No person is eligible to be appointed as a member of an arbitration board or

shall act as a member of an arbitration board if the person:

(a) has a pecuniary interest in a matter before the arbitration board; or

(b) is acting or has, within a period of one year before the date on which notice

of intention to submit the matter to arbitration is given, acted as lawyer or

agent of any of the parties to the arbitration.

(10) The arbitration board shall:

(a) hear:

(i) evidence adduced relating to the dispute; and

(ii) argument by the parties or their lawyer or agent; and

(b) make a decision on the matter or matters in dispute.

(11) The decision of the majority of the members of an arbitration board or, if there

is no majority decision, the decision of the chairperson of the arbitration board is

the decision of the arbitration board.

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(12) If the minister appoints a member of an arbitration board pursuant

to subsection (5), the party who failed to make the appointment shall pay the

remuneration and expenses of the person so appointed.

(13) Each of the parties shall pay an equal share of the remuneration and expenses

of a person appointed pursuant to subsection (6) or (7) as the third member of an

arbitration board.

2013, c.S-15.1, s.6-47.

Arbitration re termination or suspension

6‑48(1) Whether there is just cause for the termination or suspension of an

employee may be determined by arbitration if:

(a) no collective agreement is in force;

(b) the board has issued a certication order;

of work; and

(d) the termination or suspension is not, and has not been, the subject of an

application to the board respecting a matter mentioned in clause 6-62(1)(g).

(2) If an arbitration is conducted pursuant to subsection (1), it is to be conducted

in accordance with section 6-46.

(3) The arbitrator shall determine any dispute respecting the application of this

section.

2013, c.S-15.1, s.6-48.

Rules of arbitration

6‑49(1) Subsections (2) to (4) apply to all arbitrations required to be conducted in

accordance with sections 6-45 to 6-48.

(2) The nding of an arbitrator or arbitration board:

(a) is nal and conclusive;

(b) is binding on the parties with respect to all matters within the legislative

jurisdiction of Saskatchewan; and

this Part.

(3) An arbitrator or an arbitration board may:

(a) exercise the powers that are vested in the Court of Queen’s Bench for the

trial of civil actions:

(i) to summon and enforce the attendance of witnesses;

(ii) to compel witnesses to give evidence on oath or otherwise; and

(iii) to compel witnesses to produce documents or things;

(b) administer oaths and afrmations;

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afdavit or otherwise that the arbitrator or arbitration board considers

appropriate, whether admissible in a court of law or not;

(d) enter any premises where work is being done or has been done by the

employees or in which the employer carries on business, or where anything

is taking place or has taken place concerning any disputes submitted to the

arbitrator or arbitration board and:

(i) inspect and view any work, material, machinery, appliance or article

in that place; and

(ii) question any person respecting any thing or any matter;

(e) authorize any person to do anything that the arbitrator or arbitration

board may do pursuant to clause (d) and report to the arbitrator or arbitration

board on anything done;

(f) relieve, on terms that in the arbitrator’s or arbitration board’s opinion are

just and reasonable, against breaches of time limits set out in the collective

agreement with respect to a grievance procedure or an arbitration procedure;

(g) dismiss or reject an application or grievance or refuse to settle a dispute

if, in the opinion of the arbitrator or arbitration board:

(i) there has been unreasonable delay by the person bringing the

application or grievance or requesting the settlement; and

(ii) the delay has operated to the prejudice or detriment of the other

party; and

(h) encourage settlement of the dispute and, with the agreement of the parties,

may use mediation or other procedures to encourage settlement at any time

during the arbitration.

(4) An arbitrator or arbitration board may substitute any other penalty for the

termination or discipline of an employee that the arbitrator or arbitration board

considers just and reasonable in the circumstances if:

(a) the arbitrator or arbitration board determines that an employee has been

terminated or otherwise disciplined by an employer; and

(b) the collective agreement governing in whole or in part the employment

of the employee by the employer does not contain a specic penalty for the

infraction that is the subject-matter of the arbitration.

2013, c.S-15.1, s.6-49.

When arbitration decision must be given

6‑50(1) An arbitrator shall give a decision within 30 days after the conclusion of

the hearing of the matter submitted to arbitration.

(2) An arbitration board shall give a decision within 60 days after the conclusion

of the hearing of the matter submitted to arbitration.

(3) The time for giving a decision pursuant to subsection (1) or (2) may be extended

with the consent of the parties to the arbitration.

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(4) If an arbitrator or arbitration board gives an oral decision:

(a) subsections (1) and (2) do not apply; and

(b) on the request of either party, the arbitrator or arbitration board shall

give written reasons for the decision within a reasonable time.

2013, c.S-15.1, s.6-50.

Paying costs of arbitration

6‑51(1) Subject to subsections 6-47(12) and (13) and to subsection (2), each of the

parties to an arbitration shall pay an equal share of the remuneration and expenses

of an arbitrator or arbitration board appointed pursuant to this Part.

(2) If an arbitrator or arbitration board does not give a decision within the time

required pursuant to subsection 6-50(1) or (2) or an extension of time consented to

pursuant to subsection 6-50(3), the parties to the arbitration are not responsible for

payment of the remuneration and expenses of the arbitrator or arbitration board.

2013, c.S-15.1, s.6-51.

The Arbitration Act, 1992 not to apply

6‑52 The Arbitration Act, 1992 does not apply to any arbitration pursuant to this

Part.

2013, c.S-15.1, s.6-52.

Mediation for grievance

6‑53(1) After exhausting any grievance procedure established by the collective

agreement, the parties may agree to request the director of labour relations to

appoint a labour relations ofcer to assist the parties to resolve the dispute.

(2) If a labour relations ofcer is appointed pursuant to this section, any limitation

of time in the collective agreement is deemed to be suspended for the period of the

appointment.

2013, c.S-15.1, s.6-53.

DIVISION 10

Technological Change and Organizational Change

Technological change and organizational change

6‑54(1) In this Division:

(a) “organizational change” means the removal or relocation outside

of the bargaining unit by an employer of any part of the employer’s work,

undertaking or business;

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(b) “technological change” means:

(i) the introduction by an employer into the employer’s work,

undertaking or business of equipment or material of a different nature

or kind than previously utilized by the employer in the operation of the

work, undertaking or business; or

(ii) a change in the manner in which the employer carries on the work,

undertaking or business that is directly related to the introduction of the

equipment or material mentioned in subclause (i).

(2) An employer whose employees are represented by a union and who proposes

to effect a technological change or organizational change that is likely to affect the

terms, conditions or tenure of employment of a signicant number of the employees

shall give notice of the technological change or organizational change to the union

and to the minister at least 90 days before the date on which the technological

change or organizational change is to take effect.

(3) The notice mentioned in subsection (2) must be in writing and must state:

(a) the nature of the technological change or organizational change;

(b) the date on which the employer proposes to effect the technological change

or organizational change;

change or organizational change;

(d) the effect that the technological change or organizational change is likely

to have on the terms, conditions or tenure of employment of the employees

affected; and

(e) any other prescribed information.

(4) The Lieutenant Governor in Council may make regulations specifying

the number of employees that is deemed to be “signicant” for the purpose of

subsection (2) or the method of determining that number.

2013, c.S-15.1, s.6-54.

Application to board for an order re technological change or organizational change

6‑55(1) A union may apply to the board for an order pursuant to this section if the

union believes that an employer has failed to comply with section 6-54.

(2) An application pursuant to this section must be made not later than 30 days

after the union knew or, in the opinion of the board, ought to have known of the

failure of the employer to comply with section 6-54.

(3) On an application pursuant to this section and after giving the parties an

opportunity to be heard, the board may, by order, do all or any of the following:

(a) direct the employer not to proceed with the technological change or

organizational change for any period not exceeding 90 days that the board

considers appropriate;

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(b) require the reinstatement of any employee displaced by the employer as

a result of the technological change or organizational change;

to reimburse the employee for any loss of pay suffered by the employee as a

result of the employee’s displacement.

(4) A board order made pursuant to clause (3)(a) is deemed to be a notice of

technological change or organizational change given pursuant to section 6-54.

2013, c.S-15.1, s.6-55.

Workplace adjustment plans

6‑56(1) If a union receives notice of a technological change or organizational change

given, or deemed to have been given, by an employer pursuant to section 6-54 or 6-55,

the union may serve notice on the employer in writing to commence collective

bargaining for the purpose of developing a workplace adjustment plan.

(2) The written notice mentioned in subsection (1) must be served within 30 days

after the date on which the union received or was deemed to have received the notice.

(3) On receipt of a notice pursuant to subsection (1), the employer and the union

shall meet for the purpose of collective bargaining with respect to a workplace

adjustment plan.

(4) A workplace adjustment plan may include provisions with respect to any of

the following:

(a) consideration of alternatives to the proposed technological change or

organizational change, including amendment of provisions in the collective

agreement;

(b) human resource planning and employee counselling and retraining;

(d) severance pay;

(e) entitlement to pension and other benets, including early retirement

benets;

(f) a bipartite process for overseeing the implementation of the workplace

adjustment plan.

(5) Not later than 45 days after the union received a notice of technological change

or organizational change pursuant to section 6-54, the employer or the union may

request the director of labour relations to direct a labour relations ofcer to assist

the parties in collective bargaining with respect to a workplace adjustment plan.

(6) If a union has served notice to commence collective bargaining pursuant to

subsection (1), the employer shall not effect the technological change or organizational

change with respect to which the notice has been served unless:

(a) a workplace adjustment plan has been developed as a result of collective

bargaining;

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(b) the minister has been served with a notice in writing informing the

minister that the parties have engaged in collective bargaining and have failed

to develop a workplace adjustment plan; or

has been served.

2013, c.S-15.1, s.6-56.

When Division does not apply

6‑57(1) This Division does not apply if:

(a) a collective agreement contains provisions that are intended to assist

employees affected by any technological change or organizational change to

adjust to the effects of the technological change or organizational change; or

(b) subject to subsection (2), on the application of the employer, the board

relieves the employer from complying with this Division.

(2) The board may make an order pursuant to clause (1)(b) only if the board is

satised that the technological change or organizational change must be implemented

promptly to prevent permanent damage to the employer’s operations.

2013, c.S-15.1, s.6-57.

DIVISION 11

Unions and Union Members

Internal union affairs

6‑58(1) Every employee who is a member of a union has a right to the application

of the principles of natural justice with respect to all disputes between the employee

and the union that is his or her bargaining agent relating to:

(a) matters in the constitution of the union;

(b) the employee’s membership in the union; or

(2) A union shall not expel, suspend or impose a penalty on a member or refuse

membership in the union to a person, or impose any penalty or make any special

levy on a person as a condition of admission to membership in the union if:

(a) in doing so the union acts in a discriminatory manner; or

(b) the grounds the union proposes to act on are that the member or person

has refused or failed to participate in activity prohibited by this Act.

2013, c.S-15.1, s.6-58.

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Fair representation

6‑59(1) An employee who is or a former employee who was a member of the union

has a right to be fairly represented by the union that is or was the employee’s

or former employee’s bargaining agent with respect to the employee’s or former

employee’s rights pursuant to a collective agreement or this Part.

(2) Without restricting the generality of subsection (1), a union shall not act in a

manner that is arbitrary, discriminatory or in bad faith in considering whether to

represent or in representing an employee or former employee.

2013, c.S-15.1, s.6-59.

Applications re breach of duty of fair representation

6‑60(1) Subject to subsection (2), on an application by an employee or former

employee to the board alleging that the union has breached its duty of fair

representation, in addition to any other remedies the board may grant, the board

may extend the time for the taking of any step in the grievance procedure under a

collective agreement, notwithstanding the expiration of that time, if the board is

satised that:

(a) the denial of fair representation has resulted in loss of employment or

substantial amounts of work by the employee or former employee;

(b) there are reasonable grounds for the extension; and

as a result of an order that the union compensate the employer for any nancial

loss or otherwise.

(2) The board may impose any conditions that it considers necessary on an order

made pursuant to subsection (1).

2013, c.S-15.1, s.6-60.

Financial statement of unions

6‑61(1) Within six months after the end of a union’s scal year, the union shall

make available without charge:

(a) to each of its members the audited nancial statement of its affairs to

the end of the preceding scal year, signed by its president and treasurer or

corresponding principal ofcers;

(b) to each of its members who are in a bargaining unit the unaudited nancial

statement of that bargaining unit; and

(2) The nancial statements mentioned in subsection (1) must contain information

in sufcient detail to disclose accurately the nancial condition and operation of the

union for its preceding scal year.

(3) On the complaint of a member that the union has failed to comply with

subsection (1), the board may order the union to provide to each of its members

the nancial statements and information required by this section to be provided.

(4) The nancial statements mentioned in subsection (1) must be provided by:

(a) personally giving them to the member;

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(b) mailing them to the member;

(d) posting them online on a secure website to which the member has access; or

(e) providing them in any other manner that ensures that the member will

receive the statements.

2013, c.S-15.1, s.6-61.

DIVISION 12

Unfair Labour Practices

Unfair labour practices – employers

6‑62(1) It is an unfair labour practice for an employer, or any person acting on

behalf of the employer, to do any of the following:

(a) subject to subsection (2), to interfere with, restrain, intimidate, threaten,

or coerce an employee in the exercise of any right conferred by this Part;

(b) subject to subsection (3), to discriminate respecting or interfere with

the formation or administration of any labour organization or to contribute

nancial or other support to it;

employer or a person acting on behalf of an employer has formed or whose

administration has been dominated by the employer or a person acting on

behalf of an employer;

(d) to fail or refuse to engage in collective bargaining with representatives of

a union representing the employees in a bargaining unit whether or not those

representatives are the employees of the employer;

(e) to refuse to permit a duly authorized representative of a union with which

the employer has entered into a collective agreement or that represents the

employees in a bargaining unit of the employer to negotiate with the employer

during working hours for the settlement of disputes and grievances of:

(i) employees covered by the agreement; or

(ii) employees in the bargaining unit;

(f) to make any deductions from the wages of any duly authorized

representative of a union respecting the time actually spent in negotiating for

the settlement of the disputes and grievances mentioned in clause (e);

(g) to discriminate with respect to hiring or tenure of employment or any

term or condition of employment or to use coercion or intimidation of any kind,

including termination or suspension or threat of termination or suspension

of an employee, with a view to encouraging or discouraging membership in or

activity in or for or selection of a labour organization or participation of any

kind in a proceeding pursuant to this Part;

(h) to require as a condition of employment that any person shall abstain

from joining or assisting or being active in any union or from exercising any

right provided by this Part, except as permitted by this Part;

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(i) to interfere in the selection of a union;

(j) to maintain a system of industrial espionage or to employ or direct any

person to spy on a union member or on the proceedings of a labour organization

or its ofces or on the exercise by any employee of any right provided by this

Part;

(k) to threaten to shut down or move a plant, business or enterprise or any

part of a plant, business or enterprise in the course of a labour-management

dispute;

(l) to declare or cause a lockout or to make or threaten any change in wages,

hours, conditions or tenure of employment, benets or privileges while

any matter is pending before a labour relations ofcer, special mediator or

conciliation board appointed pursuant to this Part;

(m) unless a union has not tendered payment as authorized by section 6-36,

to deny or threaten to deny to any employee any benet plan, as dened in

section 6-36, that the employee enjoyed before the cessation of work or the

exercise of any rights conferred by this Part:

(i) by reason of the employee ceasing to work as the result of a lockout

or while taking part in a stoppage of work due to a labour-management

dispute if that lockout or stoppage of work has been:

(A) imposed by the employer; or

(B) called in accordance with this Part by the union representing

the employee; or

(ii) by reason of the employee exercising any of those rights;

(n) before a rst collective agreement is entered into or after the expiry of

the term of a collective agreement, to unilaterally change rates of pay, hours

of work or other conditions of employment of employees in a bargaining unit

without engaging in collective bargaining respecting the change with the union

representing the employees in the bargaining unit;

(o) if one or more employees are permitted or required to live in premises

supplied by, or by arrangement with, the employer, to refuse, deny, restrict

or limit the right of the employee or employees to allow access to the premises

by members of any union representing or seeking to represent the employee

or employees or any of them for the purpose of collective bargaining;

(p) to question employees as to whether they or any of them have exercised,

or are exercising or attempting to exercise, any right conferred by this Part;

(q) to terminate an employee for failure to acquire or maintain membership

in a union, in circumstances where membership is a condition of employment,

if the employee complies with subsections 6-42(5) and (6);

(r) to contravene an obligation, a prohibition or other provision of this Part

imposed on or applicable to an employer.

(2) Clause (1)(a) does not prohibit an employer from communicating facts and its

opinions to its employees.

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(3) Clause (1)(b) does not prohibit an employer from:

(a) permitting representatives of a union to confer with the employer for the

purpose of collective bargaining or attending to the business of a union without

deductions from wages or loss of time while so occupied; or

(b) agreeing with any union for the use of notice boards and of the employer’s

premises for the purposes of the union.

(4) For the purposes of clause (1)(g), there is a presumption in favour of an employee

that the employee was terminated or suspended contrary to this Part if:

(a) an employer or person acting on behalf of the employer terminates or

suspends an employee from employment; and

(b) it is shown to the satisfaction of the board or the court that employees of

the employer or any of them had exercised or were exercising or attempting

to exercise a right pursuant to this Part.

(5) For the purposes of subsection (4), the burden of proof that the employee was

terminated or suspended for good and sufcient reason is on the employer.

(6) If a certication order has been issued, nothing in this Part precludes an

employer from making an agreement with the union that:

(a) requires as a condition of employment:

(i) membership in or maintenance of membership in the union; or

(ii) the selection of employees by or with the advice of a union; or

(b) deals with any other condition in relation to employment.

(7) No employer shall be found guilty of an unfair labour practice contrary to

clause (1)(d), (e), (f) or (n):

(a) unless the board has made an order determining that the union making

the complaint has been named in the certication order as the bargaining

agent of the employees; or

(b) if the employer shows to the satisfaction of the board that the employer

did not know and did not have any reasonable grounds for believing, at the

time when the employer committed the acts complained of, that:

(i) the union represented the employees; or

(ii) the employees were actively endeavouring to have a union represent

them.

2013, c.S-15.1, s.6-62; 2020, c 12, s.18.

Unfair labour practices – unions, employees

6‑63(1) It is an unfair labour practice for an employee, union or any other person

to do any of the following:

(a) subject to subsection (2), to interfere with, restrain, intimidate, threaten

or coerce an employee with a view to encouraging or discouraging membership

in or activity in or for a labour organization;

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(b) to commence to take part in or persuade an employee to take part in a

strike while any matter is pending before a labour relations ofcer or special

mediator who is appointed pursuant to this Part or a conciliation board

established pursuant to this Part;

respecting employees in a bargaining unit if a certication order has been

issued for that unit;

(d) to declare, authorize or take part in a strike unless:

(i) a strike vote is taken; and

(ii) a majority of the employees who vote do vote in favour of a strike;

(e) notwithstanding that membership in the union is a condition of

employment, to seek or take steps to have an employee terminated for failure

to acquire or maintain membership in a union if the employee complies with

subsections 6-42(5) and (6);

(f) to use coercion or intimidation of any kind against an employee with a view

to discouraging activity that might lead to the cancellation of a certication

order;

(g) if the union is replaced as the bargaining agent or if a certication order

is cancelled:

(i) to fail or refuse to facilitate the orderly transfer or transition of any

benet plan, program or trust that is administered or controlled by the

union to the new union or to the employees; or

(ii) to fail to ensure so far as is practicable, that the benets that an

employee is receiving under a plan, program or trust mentioned in

subclause (i) are continued by facilitating the transfer, assignment, joint

administration or division of any contract, fund, asset or liability that

relates to the benets of those employees;

(h) to contravene an obligation, a prohibition or other provision of this Part

imposed on or applicable to a union or an employee.

(2) If a certication order has been issued, nothing in this Part precludes a person

acting on behalf of the union from attempting to persuade an employer to make an

agreement with the union that requires as a condition of employment:

(a) membership in or maintenance of membership in the union; or

(b) the selection of employees by or with the advice of a union.

2013, c.S-15.1, s.6-63; 2020, c 12, s.19.

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DIVISION 13

Construction Industry

Subdivision 1

Preliminary Matters for Division

Purpose of Division

6‑64(1) The purpose of this Division is to permit collective bargaining to occur in

the construction industry on the basis of either or both of the following:

(a) by trade on a province-wide basis;

(b) on a project basis.

(2) Nothing in this Division:

(a) precludes a union from seeking an order to be certied as a bargaining

agent for a unit of employees consisting of:

(i) employees of an employer in more than one trade or craft; or

(ii) all employees of the employer; or

(b) limits the right to obtain an order to be certied as a bargaining agent

to those unions that are referred to in a determination made by the minister

pursuant to section 6-66.

(3) This Division does not apply to an employer and a union with respect to a

certication order mentioned in subsection (2).

(4) If a unionized employer becomes subject to a certication order mentioned in

subsection (2) with respect to its employees, the employer is no longer governed by

this Division for the purposes of that bargaining unit.

(5) If there is a conict between a provision of this Division and any other Division

or any other Part of this Act as the conict relates to collective bargaining in the

construction industry, the provision of this Division prevails.

2013, c.S-15.1, s.6-64.

Interpretation of Division

6‑65 In this Division:

(a) “construction industry”:

(i) means the industry in which the activities of constructing, erecting,

reconstructing, altering, remodelling, repairing, revamping, renovating,

decorating or demolishing of any building, structure, road, sewer, water

main, pipeline, tunnel, shaft, bridge, wharf, pier, canal, dam or any other

work or any part of a work are undertaken; and

(ii) includes all activities undertaken with respect to all machinery,

plant, xtures, facilities, equipment, systems and processes contained

in or used in connection with a work mentioned in subclause (i), but does

not include maintenance work;

(b) “employers’ organization” means an organization of unionized

employers that has, as one of its objectives, the objective of engaging in collective

bargaining on behalf of unionized employers;

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(d) “representative employers’ organization” means an employers’

organization that:

(i) is the exclusive agent to engage in collective bargaining on behalf of

all unionized employers in a trade division; and

(ii) if applicable, may be a bargaining agent to engage in collective

bargaining on behalf of unionized employers that are parties to a project

agreement;

(e) “sector of the construction industry” means any of the following

sectors of the construction industry:

(i) the commercial, institutional and industrial sector;

(ii) the residential sector;

(iii) the sewer, tunnel and water main sector;

(iv) the pipeline sector;

(v) the road building sector;

(vi) the powerline transmission sector;

(vii) any prescribed sector;

(f) “trade division” means a trade division established by the minister in

accordance with section 6-66;

(g) “unionized employee” means an employee who is employed by a

unionized employer and with respect to whom a union has established the

right to engage in collective bargaining with the unionized employer;

(h) “unionized employer”, subject to section 6-69, means an employer:

(i) with respect to whom a certication order has been issued for a

bargaining unit comprised of unionized employees working in a trade for

which a trade division has been established pursuant to section 6-66; or

(ii) who has recognized a union as the agent to engage in collective

bargaining on behalf of unionized employees working in a trade for which

a trade division has been established pursuant to section 6-66.

2013, c.S-15.1, s.6-65.

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Subdivision 2

Trade Divisions and Project Agreements

Trade divisions

6‑66(1) The minister may, by order, establish one or more trade divisions comprising

all unionized employers in one or more sectors of the construction industry, with

each trade division being restricted to unionized employers that are:

(a) in a trade; or

(b) in an identiable category or group of unionized employers in a trade.

(2) Before establishing a trade division pursuant to subsection (1), the minister

shall:

(a) conduct, or cause to be conducted, any inquiry or consultation that the

minister considers necessary;

(b) consider any request of unionized employers and a union to establish a

trade division based on an agreement between the employers and the union; and

to establish the requested trade division within 90 days after receiving the

request.

(3) The minister may amend or cancel an order establishing a trade division:

(a) with the consent of:

(i) the representative employers’ organization that represents all

unionized employers in the trade division; and

(ii) the union or council of unions that is the bargaining agent of all

unionized employees in the trade division; or

(b) without the consents mentioned in clause (a) in accordance with

subsection (4).

(4) Before the minister amends or cancels an order establishing a trade division

without the consent of the representative employers’ organization and the union or

council of unions, the minister shall:

(a) inform the representative employers’ organization and the union or council

of unions of the minister’s intention to amend or cancel the order establishing

the trade division;

(b) provide the representative employers’ organization and the union or

council of unions with an opportunity to make representations to the minister;

and

representative employers’ organization and the union or council of unions with

a copy of the order and with a written decision setting out reasons for the order.

2013, c.S-15.1, s.6-66.

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Project agreements

6‑67 Notwithstanding section 6-66, a collective agreement that is to be effective

during the term of a project may be negotiated among:

(a) one or more unions;

(b) if applicable, one or more representative employers’ organizations; and

2013, c.S-15.1, s.6-67.

Subdivision 3

Unionized Employers

Rights and duties of unionized employers

6‑68 Subject to the other provisions of this Division, a unionized employer has the

right, in the manner set out in this Division:

(a) to organize, form and assist in an employers’ organization;

(b) to join the representative employers’ organization and participate in its

activities in the trade division within which the employer operates; and

organization mentioned in clause (b).

2013, c.S-15.1, s.6-68.

Subdivision 4

Representative Employers’ Organizations

Determination of representative employers’ organizations

6‑69(1) In this section, “unionized employer” means a unionized employer who

is actively involved in the construction industry in Saskatchewan and who, in the

one-year period before the date of an application pursuant to this section, employed

one or more unionized employees in the trade division with respect to which the

application is made.

(2) An employers’ organization may apply to the board for an order determining

it to be the representative employers’ organization for all unionized employers in

a trade division:

(a) if the minister has established a new trade division; or

(b) for an existing trade division if the applicant employers’ organization

establishes that it has the support of the unionized employers in the trade

division in accordance with subsection (4).

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(3) When considering an application pursuant to clause (2)(a), the board may, in

addition to exercising its other powers:

(a) determine whether an employer is a unionized employer;

(b) if there is more than one employers’ organization that intends to be the

representative employers’ organization, order a vote; and

representative employers’ organization for the trade division.

(4) When considering an application pursuant to clause (2)(b), the board, on

being satised that the applicant employers’ organization has the support of 45%

of unionized employers in the trade division, shall:

(a) order a vote; and

(b) issue an order that the employers’ organization that received a majority of

the votes is the representative employers’ organization for that trade division.

(5) For the purposes of a vote pursuant to this section, each unionized employer

is entitled to only one vote.

(6) An application pursuant to clause (2)(b) may be made only during the month

of January in any year.

(7) If a vote of unionized employers is required in accordance with subsection (3)

or (4), Division 5 applies, with any necessary modication, to the board’s role in the

vote and in the manner of conducting the vote.

(8) If an employers’ organization is determined to be the representative employers’

organization in a trade division with an existing collective agreement, that collective

agreement remains in force and shall be administered by the representative

employers’ organization.

2013, c.S-15.1, s.6-69.

Effect of determination

6‑70(1) When an employers’ organization is determined to be the representative

employers’ organization for a trade division:

(a) the representative employers’ organization is the exclusive agent to

engage in collective bargaining on behalf of all unionized employers in the

trade division;

(b) a union representing the unionized employees in the trade division shall

engage in collective bargaining with the representative employers’ organization

with respect to the unionized employees in the trade division;

and a union or council of unions is binding on the unionized employers in the

trade division;

(d) no other employers’ organization has the right to interfere with the

negotiation of a collective agreement or veto any proposed collective agreement

negotiated by the representative employers’ organization; and

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(e) a collective agreement respecting the trade division that is made after the

determination of the representative employers’ organization with any person

or organization other than the representative employers’ organization is void.

(2) If an employers’ organization is determined to be the representative employers’

organization for more than one trade division, only the unionized employers in a trade

division are entitled to make decisions with respect to negotiating and concluding

a collective agreement on behalf of the unionized employers in that trade division.

(3) Subsection (1) applies to the following:

(a) an employer who subsequently becomes a unionized employer in a trade

division;

(b) a unionized employer who subsequently becomes engaged in the

construction industry in a trade division.

(4) A unionized employer mentioned in subsection (3) is bound by any collective

agreement in force for a trade division at the time the employer:

(a) becomes a unionized employer in a trade division; or

(b) becomes engaged in the construction industry in a trade division.

(5) Notwithstanding subsection (1), a unionized employer is responsible for settling

disputes mentioned in section 6-45.

2013, c.S-15.1, s.6-70.

Constitution and bylaws of representative employers’ organizations

6‑71(1) Subject to this section, the constitution and bylaws of a representative

employers’ organization are in force only after they are approved or amended by

the board pursuant to subsections (3) and (4).

(2) A representative employers’ organization shall le with the board a copy of its

constitution and bylaws within 90 days after its determination as the representative

employers’ organization pursuant to section 6-69.

(3) Within 120 days after the ling of the constitution and bylaws of a representative

employers’ organization pursuant to subsection (2), the board shall:

(a) approve the constitution and bylaws; or

(b) after conducting a hearing with respect to the matter, amend the

constitution and bylaws to ensure that they comply with this Part.

(4) A representative employers’ organization shall le with the board a copy of

any amendments that it makes to its constitution and bylaws, and no amendment

to the constitution or bylaws of a representative employers’ organization has any

effect until it is approved by the board.

2013, c.S-15.1, s.6-71.

Prohibitions on certain activities of representative employers’ organizations

6‑72(1) No representative employers’ organization shall merge or amalgamate

with any other employers’ organization.

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(2) No representative employers’ organization shall assign or transfer any of its

rights, duties or obligations to any other representative employers’ organization.

(3) In discharging the duties of a representative employers’ organization pursuant

to this Part, a representative employers’ organization shall not act in a manner that

is arbitrary, discriminatory or in bad faith in representing any of the unionized

employers on whose behalf it acts.

2013, c.S-15.1, s.6-72.

Pre‑job conference

6‑73 Nothing in this Division interferes with or prevents the continuation of the

practice of holding pre-job conferences in relation to particular projects.

2013, c.S-15.1, s.6-73.

Subdivision 5

Council of Unions

Council of unions

6‑74(1) If more than one local of a union or more than one union has established

the right to engage in collective bargaining on behalf of the unionized employees

in a trade division, the locals or unions shall le with the board an agreement

between them setting up a council of unions for the purposes of engaging in collective

bargaining with the representative employers’ organization for the trade division.

(2) An agreement mentioned in subsection (1) must be led within 90 days after

more than one local of a union or more than one union has established the right to

engage in collective bargaining on behalf of the unionized employees in the trade

division.

(3) If the locals of a union or the unions mentioned in subsection (1) fail or refuse to

comply with subsection (1) or if the board does not approve the agreement reached

by the locals or the unions, the board may, by order, prescribe the terms of the

agreement that are to bind the council of unions for the purposes of engaging in

collective bargaining with the representative employers’ organization for the trade

division.

(4) An order of the board made pursuant to subsection (3) is binding on each of the

locals of the union and each of the unions in the trade division.

2013, c.S-15.1, s.6-74.

Effect of agreements re council of unions

6‑75(1) If an agreement setting up a council of unions led with the board

pursuant to subsection 6-74(1) is approved by the board or the board makes an order

prescribing the terms of the agreement that binds a council of unions pursuant to

subsection 6-74(3):

(a) all of the rights, duties and obligations of locals of the union or unions in

the trade division vest in the council of unions to the extent that is necessary

to give effect to this Division;

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(b) the council of unions is the exclusive agent to engage in collective

bargaining on behalf of all unionized employees in the trade division;

bargaining with the council of unions with respect to the unionized employees

in the trade division; and

(d) a collective agreement respecting the trade division that is made after

the agreement is led with any person or organization other than the council

of unions is void.

(2) Notwithstanding subsection (1), the local of a union or the union is responsible

for settling disputes mentioned in section 6-45.

2013, c.S-15.1, s.6-75.

Subdivision 6

Contract Administration and Industry Development Fees

Contract administration and industry development fees

6‑76(1) Every unionized employer in the trade division shall pay any contract

administration and industry development fee to the representative employers’

organization that may be xed by the representative employers’ organization.

(2) Every unionized employee in the trade division shall pay any contract

administration and industry development fee to the union that may be xed by

the union.

(3) Every collective agreement is deemed to contain provisions requiring the

payment of contract administration and industry development fees by employees

in accordance with subsection (2).

(4) To facilitate collection of contract administration and industry development

fees, every unionized employer in a trade division shall provide the representative

employers’ organization and the union representing unionized employees of a

unionized employer in the trade division with the following information on a monthly

basis:

(a) the number of employees in the trade division that are employed by the

unionized employer;

(b) the number of hours worked in a month by the unionized employees

employed by the unionized employer in the trade division;

employers’ organization mentioned in subsection (1) or the union mentioned in

subsection (2) for the calculation of the contract administration and industry

development fees that are payable by unionized employers and unionized

employees in the trade division.

2013, c.S-15.1, s.6-76.

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Subdivision 7

Additional Obligations re Strikes and Lockouts

Strike or lockout – vote required

6‑77(1) Without limiting the application of section 6-32, a union or council of unions

shall not declare, authorize or counsel a strike and an employee shall not strike until:

(a) a vote as to whether to strike has been taken by the employees in the

trade division; and

(b) the majority of the employees mentioned in clause (a) who vote have

voted for a strike.

(2) A representative employers’ organization shall not declare, authorize or counsel

a lockout and a unionized employer shall not engage in a lockout until:

(a) a vote as to whether to engage in a lockout has been taken by the unionized

employers in the trade division; and

(b) the majority of the unionized employers mentioned in clause (a) who vote

have voted to engage in a lockout.

2013, c.S-15.1, s.6-77.

Selective strikes and lockouts prohibited

6‑78(1) If a union or council of unions intends to strike in a trade division, it shall

strike:

(a) with respect to:

(i) all unionized employers in the trade division; and

(ii) all the work being performed by the unionized employers mentioned

in subclause (i); and

(b) with respect to all unionized employees of the unionized employers

mentioned in subclause (a)(i).

(2) If a representative employers’ organization intends to cause a lockout of

unionized employees employed by unionized employers in a trade division, all

unionized employers in the trade division shall participate in the lockout and shall

lock out all unionized employees.

2013, c.S-15.1, s.6-78.

Subdivision 8

Spin‑off Corporations

Spin‑off corporations

6‑79(1) On the application of an employer or a union affected, the board may

declare more than one corporation, partnership, individual or association to be

one unionized employer for the purposes of this Part if, in the opinion of the board,

associated or related businesses, undertakings or other activities are carried on

under common control or direction by or through those corporations, partnerships,

individuals or associations.

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(2) In exercising its authority pursuant to subsection (1), the board may recognize

the practice of non-unionized employers performing work through unionized

subsidiaries.

(3) The effect of a declaration pursuant to subsection (1) is that the corporations,

partnerships, individuals and associations, on and after the date of the declaration:

(a) constitute a unionized employer in the appropriate trade division;

(b) are bound by a designation of a representative employers’ organization;

and

(4) The board may make an order granting any additional relief that it considers

appropriate if:

(a) the board makes a declaration pursuant to subsection (1); and

(b) in the opinion of the board, the associated or related businesses,

undertakings or activities are carried on by or through more than one

corporation, partnership, individual or association for the purpose of avoiding:

(i) the effect of a determination of a representative employers’

organization with respect to a trade division; or

(ii) a collective agreement that is in effect or that may come into effect

between the representative employers’ organization and a union.

(5) For the purposes of subsection (4), the burden of proof that the associated or

related businesses, undertakings or activities are carried on by or through more

than one corporation, partnership, individual or association for a purpose other

than a purpose set out in subclause (4)(b)(i) or (ii) is on the corporation, partnership,

individual or association.

(6) An order pursuant to subsection (4) may be made effective from a day that is

not earlier than the date of the application to the board pursuant to subsection (1).

2013, c.S-15.1, s.6-79.

Subdivision 9

Board Orders

Board orders

6‑80 In addition to any other order that it may make pursuant to this Part, the

board may make orders:

(a) determining whether an organization is an employers’ organization;

(b) determining whether an employer is a unionized employer for the purposes

of this Division; and

of this Division.

2013, c.S-15.1, s.6-80.

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DIVISION 14

Health Sector

Purpose of Division

6‑81(1) The purposes of this Division are:

(a) to permit the establishment of multi-employer bargaining units in the

health sector; and

(b) to require all health sector employers to use the designated employers’

organization as their exclusive agent to engage in collective bargaining.

(2) Nothing in this Division precludes a union from seeking an order to be certied

as bargaining agent for:

(a) employees of a health sector employer in one or more trade or craft; or

(b) all employees of a health sector employer.

(3) If there is a conict between a provision of this Division and a provision of

another Division of this Part or any other Part of this Act as the conict relates to

collective bargaining in the health sector, the provision of this Division prevails.

2013, c.S-15.1, s.6-81.

Interpretation of Division

6‑82 In this Division:

(a) “designated employers’ organization” means a person designated in

the regulations made pursuant to this Part as the bargaining agent for health

sector employers;

(b) “health sector employer” means:

(i) the provincial health authority as dened in The Provincial Health

Authority Act;

(ii) the Saskatchewan Cancer Agency as dened in The Cancer Agency

Act; and

(iii) a prescribed person or category of persons.

2013, c.S-15.1, s.6-82; 2017, c P-30.3, s.11-1.

Bargaining units in the health sector

6‑83(1) Bargaining units consisting of employees of two or more health sector

employers may be established in the health sector.

(2) The board may make any order respecting a bargaining unit in the health

sector that the board is authorized to make pursuant to this Part and that the

board considers necessary or appropriate for the purposes of this Division, including

an order pursuant to subsection 6-18(4) if there has been a disposal, as dened in

Division 4, of a business or part of a business from one health sector employer to

another.

(3) The other provisions of this Part, other than Divisions 13 and 15, apply, with

any necessary modication, to employees, employers, unions, persons acting on

behalf of employers and unions and the board with respect to the bargaining unit

in the health sector.

2013, c.S-15.1, s.6-83.

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Effect of designation

6‑84(1) The designated employers’ organization is the exclusive agent to engage

in collective bargaining on behalf of all health sector employers in multi-employer

bargaining units and in single employer bargaining units.

(2) A union representing the employees in a unit mentioned in subsection (1) shall

engage in collective bargaining with the designated employers’ organization with

respect to the employees in the unit.

(3) A collective agreement respecting the employees in a unit mentioned

in subsection (1) that is made after designation of the designated employers’

organization with any person or organization other than the designated employers’

organization is void.

2013, c.S-15.1, s.6-84.

Obligations of health sector employers

6‑85(1) Every health sector employer shall immediately advise the designated

employers’ organization of any dispute respecting a matter governed by section 6-45.

(2) If the designated employers’ organization is of the opinion that the dispute

mentioned in subsection (1) has implications for other employers in the health sector:

(a) the designated employers’ organization may represent the health sector

employer in the dispute; and

(b) the health sector employer shall assist the designated employers’

organization in the dispute.

(3) If the designated employers’ organization decides not to represent the health

sector employer in the dispute, the health sector employer is responsible for the

resolution of the dispute in accordance with section 6-45.

2013, c.S-15.1, s.6-85.

DIVISION 15

Fireghters

Interpretation of Division

6‑86 In this Division, “census” means a census taken pursuant to the Statistics

Act (Canada).

2013, c.S-15.1, s.6-86.

Application of Division

6‑87 This Division applies to:

(a) the union certied as the bargaining agent of a bargaining unit:

(i) comprised of only municipal reghters in a city with a population

of 20,000 or more as shown in the most recent census; and

(ii) only if the constitution of the union prohibits strikes in the bargaining

unit; and

(b) the employer of the reghters mentioned in clause (a).

2013, c.S-15.1, s.6-87.

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Referral to arbitration

6‑88(1) Subject to subsection (2), if, in the opinion of a union or an employer,

negotiations to conclude a collective agreement have reached a point where

agreement cannot be achieved, the union or the employer may have all or any

matters relating to hours and conditions of work, wages or employment referred to

an arbitration board.

(2) Before any matter may proceed to arbitration in accordance with subsection (1),

the employer and union governed by this Division shall:

(a) engage in collective bargaining in accordance with this Part; and

(b) if collective bargaining does not resolve the issues, engage in mediation

or conciliation in accordance with Division 7.

2013, c.S-15.1, s.6-88.

Arbitration board

6‑89(1) An arbitration board is to consist of three persons.

(2) Within 30 days after a matter is referred to arbitration, each party shall

nominate its representative and shall immediately notify the other party of the

person nominated.

(3) Within ve days after being nominated in accordance with subsection (2) or

appointed pursuant to subsection (4), the two persons nominated shall meet and

agree on the third member, who shall be the chairperson of the arbitration board.

(4) On the written request of either party, the minister shall appoint a

representative of the defaulting party or the chairperson of the arbitration board,

as the case may require, if:

(a) either party fails to nominate its representative to the arbitration board

within the time specied in subsection (2);

(b) a person nominated is unable or unwilling to act; or

member of the arbitration board within the period specied in subsection (3).

(5) Subsection 6-47(9) applies, with any necessary modication, to a member of

an arbitration board.

2013, c.S-15.1, s.6-89.

Arbitration board procedures

6‑90(1) An arbitration pursuant to this Division must be conducted in accordance

with section 6-49 and that section applies, with any necessary modication, for the

purposes of this section.

(2) The hearings of an arbitration board must be open to the public, but if, in the

opinion of the arbitration board it is necessary in the interests of a fair hearing that

any portion of an arbitration proceeding be held privately, the arbitration board

may exclude the public.

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(3) When considering its decision or award and to ensure that the decision or

award is fair and reasonable to the employees and the employer and is in the best

interest of the public, the arbitration board:

(a) shall consider, for the period with respect to which the decision or award

will apply, the following:

(i) wages and benets in private and public, and unionized and

non-unionized, employment;

(ii) the continuity and stability of private and public employment,

including:

(A) employment levels and incidence of layoffs;

(B) incidence of employment at less than normal working hours;

and

(iii) the general economic conditions in Saskatchewan; and

(b) may consider, for the period with respect to which the decision or award

will apply, the following:

(i) the terms and conditions of employment in similar occupations outside

the employer’s employment taking into account any geographic, industrial

or other variations that the arbitration board considers relevant;

(ii) the need to maintain appropriate relationships in terms and

conditions of employment between different classication levels within

an occupation and between occupations in the employer’s employment;

(iii) the need to establish terms and conditions of employment that are

fair and reasonable in relation to the qualications required, the work

performed, the responsibility assumed and the nature of the services

rendered;

(iv) any other factor that the arbitration board considers relevant to

the matter in dispute.

2013, c.S-15.1, s.6-90.

Decision of arbitration board

6‑91(1) The decision of the majority of the members of the arbitration board or,

if there is no majority decision, the decision of the chairperson of the arbitration

board is the decision of the arbitration board.

(2) The decision of the arbitration board must be in writing.

(3) The chairperson shall forward a copy of the arbitration board’s decision to:

(a) the employer and the union; and

(b) the minister.

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(4) If the estimates of expenditures of a city and the rate or rates of taxation

proposed to be struck are required to be submitted annually to the Saskatchewan

Municipal Board for review and approval by the city in which the reghters provide

services, the employer shall not conclude a collective agreement or give effect to any

decision or award of an arbitration board until the approval of the Saskatchewan

Municipal Board has been obtained.

(5) Each party shall:

(a) pay its own costs of the arbitration; and

(b) share equally the cost of the chairperson and any other general expenses

of the arbitration board.

2013, c.S-15.1, s.6-91.

DIVISION 16

Labour Relations Board

Subdivision 1

Board Continued

Board continued

6‑92 The Labour Relations Board is continued.

2013, c.S-15.1, s.6-92.

Members of board

6‑93(1) The board consists of those members appointed by the Lieutenant Governor

in Council.

(2) The Lieutenant Governor in Council shall appoint one member as chairperson

and may appoint not more than two other members as vice-chairpersons of the board.

(3) The chairperson:

(a) shall preside over all meetings of the board; and

(b) shall perform all the duties that may be imposed on, and may exercise all

the powers that may be assigned to, the chairperson by this Act or a resolution

of the board.

(4) If the chairperson is absent or unable to act or the ofce of chairperson is vacant,

a vice-chairperson shall perform all the duties and may exercise all the powers of

the chairperson.

(5) The members of the board, other than the chairperson and any vice-chairpersons,

are to be selected for appointment so that employers and organized employees are

equally represented.

(6) The board members:

(a) hold ofce for terms not exceeding:

(i) ve years in the case of the chairperson and vice-chairpersons; and

(ii) three years in the case of other members; and

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(b) may be reappointed for additional terms.

(7) Notwithstanding the expiry of a board member’s term, the board member

continues to hold ofce until his or her successor is appointed.

(8) Before entering on the duties of ofce, every board member shall take the

prescribed oath or afrmation.

(9) Members of the board are to be paid remuneration and reimbursement for

expenses at rates that are approved by the Lieutenant Governor in Council.

2013, c.S-15.1, s.6-93.

Members may continue to complete proceedings

6‑94(1) Notwithstanding that a successor to a board member has been appointed

after the member has begun hearing a matter before the board but before the

proceeding is completed, the member may continue with the proceeding as if his or

her term had not expired for the purposes of completing the proceeding, and any

decision of the member is effective as though he or she still held ofce.

(2) If a member continues to serve pursuant to subsection (1), he or she shall not

begin to hear any additional matters before the board.

2013, c.S-15.1, s.6-94.

Quorum

6‑95(1) Subject to subsections (2) and (3), the board shall sit in a panel of three

members of whom:

(a) one must be the chairperson or a vice-chairperson;

(b) one must be from members appointed to represent employers; and

(2) The death, resignation or incapacity of a member of a panel before the panel

renders its decision, other than that of the chairperson or vice-chairperson, does

not render the decision invalid.

(3) Subject to any restriction imposed by the board, the chairperson may designate

himself or herself or a vice-chairperson to hear any application that the chairperson

considers can be properly and adequately addressed without a panel.

(4) The decision of the majority of the members of the board or, if there is no

majority decision, the decision of the chairperson or vice-chairperson of the board

is the decision of the board.

2013, c.S-15.1, s.6-95.

Board orders

6‑96(1) The chairperson or a vice-chairperson shall sign all orders, decisions, rules

and regulations made by the board and every consent of the board.

(2) Notwithstanding subsection (1), in the absence or disability of the chairperson

and a vice-chairperson:

(a) any board member may sign any orders, decisions, rules or regulations

made by the board or any consent of the board; and

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(b) an order, decision, rule or regulation made by the board or consent by the

board that is signed in accordance with this subsection has the same effect as

if it had been signed by the chairperson or a vice-chairperson.

(3) If any board order, decision, rule or regulation or any consent purports to be

signed by a board member other than the chairperson or a vice-chairperson, the

board member is deemed to have acted in the absence or disability of the chairperson

and vice-chairpersons.

(4) Any board order, decision, rule, regulation or any consent purporting to be

signed by the chairperson, a vice-chairperson or a board member other than the

chairperson or a vice-chairperson is deemed to have been duly authorized by the

board unless the contrary is shown.

(5) It is not necessary in or before any court, other board, commission or tribunal

of competent jurisdiction to prove the signature, ofcial position or authority of the

chairperson, a vice-chairperson or other board member.

2013, c.S-15.1, s.6-96.

Executive ofcer

6‑97(1) The chairperson is to be the executive ofcer of the board.

(2) Any employer, employee or union affected by any act done by the executive

ofcer in the exercise or purported exercise of any power, or the performance of any

duties, delegated pursuant to subsection 6-93(3) may apply to the board to review,

set aside, amend, stay or otherwise deal with the act.

(3) On an application pursuant to subsection (2) or on its own motion, the board

may exercise the powers and perform the functions of the board with respect to

the delegated power in issue as if the executive ofcer had not acted or made that

decision.

2013, c.S-15.1, s.6-97.

Investigating ofcer

6‑98(1) The chairperson may designate one or more persons as investigating ofcers

for the purposes of this Part.

(2) Subject to the regulations, investigating ofcers shall perform any duties that

the chairperson or a vice-chairperson may direct.

2013, c.S-15.1, s.6-98; 2015, c.31, s.6.

Minister to provide technical support

6‑99 The minister shall provide any technical, clerical and administrative

assistance that the board may reasonably require.

2013, c.S-15.1, s.6-99.

Immunities and privileges of board members

6‑100 The members of the board have the same privileges and immunities as a

judge of the Court of Queen’s Bench.

2013, c.S-15.1, s.6-100.

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Annual report

6‑101(1) In each scal year, the board shall, in accordance with section 13 of The

Executive Government Administration Act, submit to the minister an annual report

on the activities of the board for the preceding scal year.

(2) In accordance with section 13 of The Executive Government Administration

Act, the minister shall lay before the Legislative Assembly each report received by

the minister pursuant to this section.

2013, c.S-15.1, s.6-101; 2014, c.E-13.1, s.62.

Content of annual report

6‑102 Notwithstanding subsection 6-121(1), the annual report mentioned in

section 6-101 shall include the following information:

(a) a list of all matters led with the board;

(b) a list of all decisions rendered by the board;

(i) the date the matter that is the subject of the decision was initially

led;

(ii) the date the matter mentioned in subclause (i) was heard by the

board;

(iii) the members of the board who heard the matter mentioned in

subclause (i); and

(iv) the length of time between the last day of the hearing and the

rendering of the decision; and

(d) a summary, by member, of:

(i) the number of decisions rendered;

(ii) the type of decision, whether interim or nal disposition; and

(iii) the average period between the last day of a hearing and the

rendering of the decision for each type of decision.

2013, c.S-15.1, s.6-102.

Subdivision 2

Board Powers and Duties

General powers and duties of board

6‑103(1) Subject to subsection 6-97(3), the board may exercise those powers that

are conferred and shall perform those duties that are imposed on it by this Act or

that are incidental to the attainment of the purposes of this Act.

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(2) Without limiting the generality of subsection (1), the board may do all or any

of the following:

(a) conduct any investigation, inquiry or hearing that the board considers

appropriate;

(b) make orders requiring compliance with:

(i) this Part;

(ii) any regulations made pursuant to this Part; or

(iii) any board decision respecting any matter before the board;

considers that the orders are necessary or appropriate to attain the purposes

of this Act;

(d) make an interim order or decision pending the making of a nal order

or decision.

2013, c.S-15.1, s.6-103.

Board powers

6‑104(1) In this section:

(a) “former union” means a union that has been replaced with another

union or with respect to which a certication order respecting the union has

been cancelled;

(b) “replacing union” means a union that replaces a former union.

(2) In addition to any other powers given to the board pursuant to this Part, the

board may make orders:

(a) requiring an employer or a union representing the majority of employees

in a bargaining unit to engage in collective bargaining;

(b) determining whether an unfair labour practice or a contravention of this

Part, the regulations made pursuant to this Part or an order or decision of the

board is being or has been engaged in;

(i) to refrain from contravening this Part, the regulations made pursuant

to this Part or an order or decision of the board or from engaging in any

unfair labour practice;

(ii) to do any thing for the purpose of rectifying a contravention of this

Part, the regulations made pursuant to this Part or an order or decision

of the board;

(d) requiring an employer to reinstate any employee terminated under

circumstances determined by the board to constitute an unfair labour practice,

or otherwise in contravention of this Part, the regulations made pursuant to

this Part or an order or decision of the board;

(e) xing and determining the monetary loss suffered by an employee, an

employer or a union as a result of a contravention of this Part, the regulations

made pursuant to this Part or an order or decision of the board by one or more

persons, and requiring those persons to pay to that employee, employer or union

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the amount of the monetary loss or any portion of the monetary loss that the

board considers to be appropriate;

(f) rescinding or amending an order or decision of the board made pursuant

to clause (b), (c), (d) or (e) or subsection (3), or amending a certication order

or collective bargaining order in the circumstances set out in clause (g)

or (h), notwithstanding that a motion, application, appeal or other proceeding

respecting or arising out of the order or decision is pending in any court;

(g) amending a board order if:

(i) the employer and the union agree to the amendment; or

(ii) in the opinion of the board, the amendment is necessary;

(h) notwithstanding that a motion, application, appeal or other proceeding

respecting or arising out of a certication order or collective bargaining order

is pending in any court, rescinding or amending the certication order or

collective bargaining order;

(i) subject to section 6-105, determining for the purposes of this Part whether

any person is or may become an employee or a supervisory employee as dened

in clause 6-1(1)(o) of this Act as that clause read before the coming into force

of The Saskatchewan Employment Amendment Act, 2021;

(j) when acting pursuant to section 6-110, relieving against breaches of time

limits set out in this Part or in a collective agreement on terms that, in the

opinion of the board, are just and reasonable.

(3) The board shall not certify a union or a labour organization as a bargaining

agent if, in the board’s opinion, the union or labour organization is dominated by

an employer or a person acting on behalf of the employer.

(4) If a former union is administering or controlling any benet plan, program or

welfare trust, the board may, on application made to it, make any orders it considers

appropriate:

(a) to assist in the orderly transfer or transition of the benet plan, program

or welfare trust; or

(b) to require or facilitate the continuation of benets for employees in receipt

of benets pursuant to the benet plan, program or welfare trust.

(5) Without restricting the generality of subsection (4), the board may:

(a) require that a benet plan, program or welfare trust be transferred;

(b) require the former union to provide to the replacing union or the employees

any documents or information required to effect the transfer of the benet

plan, program or welfare trust;

program or welfare trust with respect to those employees in receipt of benets

until:

(i) all of those employees cease to qualify for those benets; or

(ii) the benet plan, program or welfare trust is transferred to the

replacing union;

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(d) if the bargaining unit is being divided:

(i) divide the benet plan, program or welfare trust between the different

bargaining units or between the bargaining units and employees; or

(ii) divide the assets and liabilities associated with the benet plan,

program or welfare trust;

(e) require the replacing union or the employees to pay to the former union

the costs of the transfer of the benet plan, program or welfare trust in an

amount determined by the board;

(6) When making an order in accordance with subsection (4) or (5), the board may

declare the replacing union or one or more of the employees to be a party to a contract

respecting a benet plan, program or welfare trust in cases where the benet plan,

program or welfare trust is administered or controlled by a third party.

(7) Notwithstanding any terms of a contract respecting the benet plan, program

or welfare trust or any other Act or law, on the making of a declaration pursuant

to subsection (6), the replacing union or employees are deemed to be a party to that

contract.

(8) At any time after an application for the purposes of subsections (4) and (5) is

made, the board may defer or dismiss the application if the board is of the opinion

the issue in dispute is more properly resolved:

(a) by regulators responsible for making decisions respecting the benet plan,

program or welfare trust; or

(b) in another forum.

2013, c.S-15.1, s.6-104; 2021, c 38, s.6.

Provisional determination of employee

6‑105(1) On an application made for the purposes of clause 6-104(2)(i), the board

may make a provisional determination before the person who is the subject of the

application actually performs the duties of the position in question.

(2) A provisional determination made pursuant to subsection (1) becomes a nal

determination one year after the day on which the provisional determination is

made unless, before that period expires, the employer or the union applies to the

board for a variation of the determination.

2013, c.S-15.1, s.6-105.

Subdivision 3

Additional Powers of Board re Applications and Orders

Power to dismiss certain applications – inuence, etc., of employers

6‑106 The board may reject or dismiss any application made to it by an employee

or employees if it is satised that the application is made in whole or in part on

the advice of, or as a result of inuence of or interference or intimidation by, the

employer or employer’s agent.

2013, c.S-15.1, s.6-106.

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Power to reject certain evidence

6‑107 If an application is made to the board for a certication order, the board

may, in its absolute discretion, reject any evidence or information tendered or

submitted to it concerning any fact, event, matter or thing transpiring or occurring

after the date on which that application is led with the board in accordance with

the regulations of the board.

2013, c.S-15.1, s.6-107.

Power to enforce orders and decisions

6‑108(1) The board may cause a certied copy of any board order or decision to be

led in the ofce of a local registrar of the Court of Queen’s Bench.

(2) On ling of the certied copy pursuant to subsection (1), the board order or

decision is enforceable as a judgment of the Court of Queen’s Bench.

(3) Notwithstanding that a board order or decision has been led pursuant to this

section, the board may rescind or vary the order or decision.

(4) On an application to the Court of Queen’s Bench arising out of the failure of

any person to comply with the terms of a board order or decision led pursuant to

subsection (1), the court may refer to the board any question as to the compliance

or non-compliance of that person with the board order or decision.

(5) An application to enforce a board order or decision may be made to the Court of

Queen’s Bench by and in the name of the board, any union affected or any interested

person.

(6) On an application to enforce a board order or decision, the Court of Queen’s

Bench:

(a) is bound by the ndings of the board; and

(b) shall make any order that it considers necessary to cause every person

with respect to whom the application is made to comply with the board order

or decision.

(7) The board may, in its own name, appeal any judgment, decision or order of any

court affecting any of its orders or decisions.

2013, c.S-15.1, s.6-108.

Power to rescind certication order obtained by fraud

6‑109(1) If the board has made a certication order, any of the following who

allege that the order was obtained by fraud may apply to the board at any time to

rescind the order:

(a) any employee in the bargaining unit;

(b) the employer;

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(2) On an application pursuant to subsection (1) and if it is satised that the order

was obtained by fraud, the board shall rescind the order.

(3) No person shall take part in, aid, abet, counsel or procure the obtaining by

fraud of an order mentioned in subsection (1).

2013, c.S-15.1, s.6-109.

Board may determine dispute on consent

6‑110(1) A union representing the employees in a bargaining unit may enter into an

agreement with an employer to refer a dispute or a category of disputes to the board.

(2) Two or more unions certied for an employer, or in the case of Division 13

for two or more employers, may enter into an agreement with the employer or

employers to refer a dispute respecting the jurisdictional lines between or among

the bargaining units to the board.

(3) On a reference made in accordance with subsection (1) or (2), the board shall

hear and determine any dispute referred to it by any party to that agreement.

(4) A nding of the board as a result of a hearing pursuant to this section:

(a) is nal and conclusive;

(b) is binding on the parties with respect to all matters within the legislative

jurisdiction of Saskatchewan; and

2013, c.S-15.1, s.6-110.

Subdivision 4

Hearings and Proceedings

Powers re hearings and proceedings

6‑111(1) With respect to any matter before it, the board has the power:

(a) to require any party to provide particulars before or during a hearing or

proceeding;

(b) to require any party to produce documents or things that may be relevant

to a matter before it and to do so before or during a hearing or proceeding;

vested in the Court of Queen’s Bench for the trial of civil actions:

(i) to summon and enforce the attendance of witnesses;

(ii) to compel witnesses to give evidence on oath or otherwise; and

(iii) to compel witnesses to produce documents or things;

(d) to administer oaths and afrmations;

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(e) to receive and accept any evidence and information on oath, afrmation,

afdavit or otherwise that the board considers appropriate, whether admissible

in a court of law or not;

(f) subject to the regulations made pursuant to this Part by the Lieutenant

Governor in Council:

(i) to determine the form in which evidence of membership in a union

or communication from employees that they no longer intend to be

represented by a union is to be led with the board on an application for

certication or for cancellation; and

(ii) to refuse to accept any evidence that is not led in the form mentioned

in subclause (i);

(g) subject to the regulations made pursuant to this Part by the Lieutenant

Governor in Council:

(i) to determine the time within which any party to a hearing or

proceeding before the board must le or present any thing, document or

information and the form in which that thing, document or information

must be led; and

(ii) to refuse to accept any thing, document or information that is not

led or presented within the time or in the form determined pursuant

to subclause (i);

(h) to order preliminary hearings or procedures, including pre-hearing

settlement conferences;

(i) to determine who may attend and the time, date and place of any

preliminary hearing or procedure or conference mentioned in clause (h);

(j) to conduct any hearing or proceeding using a means of communication

that permits the parties and the board to communicate with each other

simultaneously;

(k) to adjourn or postpone the hearing or proceeding;

(l) to defer deciding any matter if the board considers that the matter could

be resolved by mediation, conciliation or an alternative method of resolution;

(m) to bar from making a similar application, for any period not exceeding 12

months after the date an unsuccessful application is dismissed:

(i) an unsuccessful applicant;

(ii) any of the employees affected by an unsuccessful application;

(iii) any person or union representing the employees affected by an

unsuccessful application; or

(iv) any person or organization representing the employer affected by

an unsuccessful application;

(n) to refuse to entertain a similar application, for any period not exceeding 12

months after the date an unsuccessful application is dismissed, that is

submitted by anyone mentioned in subclauses (m)(i) to (iv);

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(o) to summarily refuse to hear a matter that is not within the jurisdiction

of the board;

(p) to summarily dismiss a matter if, in the opinion of the board, there is a

lack of evidence or no arguable case;

(q) to decide any matter before it without holding an oral hearing;

(r) to decide any question that may arise in a hearing or proceeding, including

any question as to whether:

(i) a person is a member of a union;

(ii) a collective agreement has been entered into or is in operation; or

(iii) any person or organization is a party to or bound by a collective

agreement;

(s) to require any person, union or employer to post and keep posted in a place

determined by the board, or to send by any means that the board determines,

any notice that the board considers necessary to bring to the attention of any

employee;

(t) to enter any premises of an employer where work is being or has been

done by employees, or in which the employer carries on business, whether or

not the premises are those of the employer, and to inspect and view any work,

material, machinery, appliances, articles, records or documents and question

any person;

(u) to enter any premises of a union and to inspect and view any work,

material, articles, records or documents and question any person;

(v) to order, at any time before the hearing or proceeding has been nally

disposed of by the board, that:

(i) a vote or an additional vote be taken among employees affected by

the hearing or proceeding if the board considers that the taking of that

vote would assist the board to decide any question that has arisen or is

likely to arise in the hearing or proceeding, whether or not that vote is

provided for elsewhere; and

(ii) the ballots cast in any vote ordered by the board pursuant to

subclause (i) be sealed in ballot boxes and not counted except as directed

by the board;

(w) to enter on the premises of an employer for the purpose of conducting a

vote during working hours, and to give any directions in connection with the

vote that it considers necessary;

(x) to authorize any person to do anything that the board may do pursuant to

clauses (a), (b), (d), (e), (i), (j), (s), (t), (u) and (w), on any terms and conditions

the board considers appropriate; and

(y) to require the person authorized pursuant to clause (x) to report to the

board on anything done by that person.

(2) For the purposes of this Part:

(a) Repealed. 2020, c 12, s.20.

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(b) a matter is deemed to be pending before a conciliation board on and after

the day on which the conciliation board is established by the minister until

the day on which its report is received by the minister;

the day on which the special mediator is appointed by the minister until the

day on which the special mediator’s report is received by the minister; and

(d) a matter is deemed to be pending before a labour relations ofcer on and

after the day on which the labour relations ofcer is appointed by the director

of labour relations until the day on which the labour relations ofcer’s report

is received by the minister.

(3) Subject to subsection (4), the board may refuse to hear any allegation of an

unfair labour practice that is made more than 90 days after the complainant knew

or, in the opinion of the board, ought to have known of the action or circumstances

giving rise to the allegation.

(4) The board shall hear any allegation of an unfair labour practice that is made

after the deadline mentioned in subsection (3) if the respondent has consented in

writing to waive or extend the deadline.

2013, c.S-15.1, s.6-111; 2020, c 12, s.20.

Proceedings not invalidated by irregularities

6‑112(1) A technical irregularity does not invalidate a proceeding before or by

the board.

(2) At any stage of its proceedings, the board may allow a party to amend the

party’s application, reply, intervention or other process in any manner and on any

terms that the board considers just, and all necessary amendments must be made

for the purpose of determining the real questions in dispute in the proceedings.

(3) At any time and on any terms that the board considers just, the board may

amend any defect or error in any proceedings, and all necessary amendments must

be made for the purpose of determining the real question or issue raised by or

depending on the proceedings.

(4) Without limiting the generality of subsections (2) and (3), in any proceedings

before it, the board may, on any terms that it considers just, order that the

proceedings be amended:

(a) by adding as a party to the proceedings any person that is not, but in the

opinion of the board ought to be, a party to the proceedings;

(b) by striking out the name of a person improperly made a party to the

proceedings;

to be a party to the proceedings for the name of a person improperly made a

party to the proceedings; or

(d) by correcting the name of a person that is incorrectly set out in the

proceedings.

2013, c.S-15.1, s.6-112.

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Board may correct clerical errors

6‑113 The board may, at any time, correct any clerical error in any order or decision

made by the board or any ofcer or agent of the board.

2013, c.S-15.1, s.6-113.

Board orders or decisions binding and conclusive

6‑114 In any matter or proceeding arising pursuant to this Part, a board order or

decision is binding and conclusive of the matters stated in the board order or decision.

2013, c.S-15.1, s.6-114.

No appeals from board orders or decisions

6‑115(1) Every board order or decision made pursuant to this Part is nal and

there is no appeal from that board order or decision.

(2) The board may determine any question of fact necessary to its jurisdiction.

(3) Notwithstanding subsections (1) and (2), the board may:

(a) reconsider any matter that it has dealt with; and

(b) rescind or amend any decision or order it has made.

(4) The board’s decisions and ndings on all questions of fact and law are not open

to question or review in any court, and any proceeding before the board must not

be restrained by injunction, prohibition, mandamus, quo warranto, certiorari or

other process or proceeding in any court or be removable by application for judicial

review or otherwise into any court on any grounds.

2013, c.S-15.1, s.6-115.

Deadline for board decisions

6‑116(1) The board shall cause every board decision to be provided to the parties

within six months after the last day of the hearing unless the board is reasonably

justied in requiring more time.

(2) Notwithstanding section 6-115 and subsection 6-121(1), any party to a

proceeding before the board may apply to the Court of Queen’s Bench for an order

directing the board to provide its decision if the deadline in subsection (1) has not

been met.

(3) A failure to comply with subsection (1) does not affect the validity of a decision.

2013, c.S-15.1, s.6-116.

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DIVISION 17

General Matters

Industrial inquiry commission

6‑117(1) On request of a union, an employer or any other person or on the minister’s

own initiative, the minister may:

(a) make or cause to be made inquiries that the minister considers advisable

respecting labour relations matters; and

(b) subject to this Part and the regulations made pursuant to this Part, do

the things the minister considers necessary to maintain and secure labour

relations stability and promote conditions favourable to settlement of disputes.

(2) For any of the purposes of subsection (1), if in an industry a dispute between

employers and employees exists or is likely to arise, the minister may refer the

matter to an industrial inquiry commission for investigation and report.

(3) An industrial inquiry commission consists of one or more members appointed

by the minister.

(4) The minister shall:

(a) establish the terms of reference for the industrial inquiry commission,

including a statement of the matters to be inquired into; and

(b) if an inquiry involves particular persons or parties to a collective agreement,

advise them of the appointment of the industrial inquiry commission.

(5) An industrial inquiry commission shall:

(a) inquire into the matters referred to it by the minister and endeavour to

carry out its terms of reference; and

(b) report the result of its inquiries and its recommendations to the minister

within 14 days after its appointment or within any further time the minister

may specify.

(6) On receipt of a report of an industrial inquiry commission relating to a dispute

between employers and employees, the minister shall:

(a) provide a copy of the report to each of the affected persons; and

(b) if the minister considers it advisable, publish the report in the manner

considered advisable.

2013, c.S-15.1, s.6-117.

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Director of labour relations

6‑118(1) The minister shall appoint an employee of the ministry as director of

labour relations.

(2) The director of labour relations may delegate to any person the exercise of any

powers given to the director and the fullling of any responsibilities imposed on the

director pursuant to this Part.

(3) The director of labour relations may impose any terms and conditions on a

delegation pursuant to this section that the director considers appropriate.

2013, c.S-15.1, s.6-118.

Labour relations services

6‑119(1) The minister may appoint any employees or category of employees of the

ministry as labour relations ofcers.

(2) The director of labour relations may exercise the functions and responsibilities

of a labour relations ofcer.

(3) When directed to do so by the minister, the director of labour relations shall

appoint a labour relations ofcer to assist an employer and a union to resolve any

dispute.

(4) The labour relations ofcer shall inquire, in any manner the ofcer considers

appropriate, into the dispute and assist the parties in effecting a settlement.

2013, c.S-15.1, s.6-119.

Providing information

6‑120 On the request of any person, a labour relations ofcer may provide

information regarding the rights and responsibilities of employees, employers and

unions pursuant to this Part.

2013, c.S-15.1, s.6-120.

Certain information privileged

6‑121(1) Notwithstanding any other Act or law, information obtained for the

purposes of this Part is not open to inspection by any person or by any court if the

information is acquired by any of the following persons and was acquired in the

course of the person’s duties pursuant to the Part:

(a) a member of the board;

(b) a labour relations ofcer;

(d) a special mediator;

(e) an arbitrator with respect to an arbitration of a matter governed by this

Part;

(f) a member of a conciliation board appointed pursuant to this Part;

(g) a member of an arbitration board appointed pursuant to this Part.

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(2) None of the persons mentioned in subsection (1) shall be required by any court

or the board to give evidence about information obtained for the purposes of this

Part in the course of his or her duties.

2013, c.S-15.1, s.6-121.

Lieutenant Governor in Council may declare certain Acts of Parliament to apply

6‑122(1) The Lieutenant Governor in Council may, by order, declare that any Act

of the Parliament of Canada and any order of the Governor General in Council,

whether enacted or made before, on or after the date of the Lieutenant Governor

in Council’s order, relating to matters dealt with by this Part is to apply in place of

this Part with respect to:

(a) the employees employed in or in connection with any work, undertaking

or business in Saskatchewan or in any part of the work, undertaking or

business; and

(b) the employer or employers of the employees mentioned in clause (a).

(2) An order made pursuant to subsection (1) must be published in The

Saskatchewan Gazette.

(3) An order made pursuant to subsection (1) comes into force:

(a) on the date on which it is published in The Saskatchewan Gazette; or

(b) on any later date that is set out in the order.

(4) Subject to the approval of the Lieutenant Governor in Council, the minister

may enter into an agreement with the Government of Canada, or any other

person or persons duly authorized by the Government of Canada, to provide for

the administration of any Act of the Parliament of Canada and of any order of the

Governor General in Council mentioned in subsection (1) that are declared to apply

to Saskatchewan pursuant to subsection (1).

2013, c.S-15.1, s.6-122.

Offences and penalties

6‑123(1) No employer, employee or other person shall:

(a) intentionally delay or obstruct a labour relations ofcer or investigating

ofcer in the exercise of any power or duty given to the ofcer pursuant to

this Part;

(b) fail to reasonably cooperate with a labour relations ofcer or investigating

ofcer in the exercise of any of his or her powers or the performance of any of

his or her duties;

contracts of employment or other record of employment that the employer,

employee or other person is required to produce;

(d) make a complaint to the board knowing it to be untrue;

(e) fail to comply with a board order; or

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(f) fail to comply with any other provision of this Part or the regulations made

pursuant to this Part.

(2) Every person who contravenes a provision of subsection (1) is guilty of an offence

and is liable on summary conviction:

(a) if the contravention is with respect to a lockout, to a ne not

exceeding $1,000 for each day that the lockout continues;

(b) if the contravention is with respect to a strike, to a ne not exceeding $1,000

for each day that the strike continues;

or (b):

(i) in the case of an individual, to a ne not exceeding $5,000; or

(ii) in the case of a corporation, union or other person, to a ne not

exceeding $100,000.

2013, c.S-15.1, s.6-123.

Attorney General’s permission re prosecutions required

6‑124 No prosecution for an offence pursuant to this Part shall be commenced

without the consent in writing of the Attorney General.

2013, c.S-15.1, s.6-124.

Regulations for Part

6‑125 The Lieutenant Governor in Council may make regulations:

(a) for the purposes of Division 14:

(i) designating a person to be the designated employers’ organization;

(ii) imposing terms and conditions that the designated employers’

organization shall comply with in carrying out its duties and exercising

its powers;

(iii) prescribing principles that the board is required to consider when

determining or changing any multi-employer bargaining units in the

health sector;

(iv) prescribing circumstances in which a member of the Executive

Council or a prescribed person may intervene in any application before

the board respecting a health sector employer or in any other matter

governed by that Division;

(v) prescribing any other matter or thing the Lieutenant Governor in

Council considers necessary for the purposes of that Division;

(b) prescribing any other matter or thing that is required or authorized by

this Part to be prescribed in the regulations;

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Council considers necessary to carry out the intent of this Part.

2013, c.S-15.1, s.6-125.

Board regulations

6‑126 The board may make regulations:

(a) prescribing rules of procedure for matters before the board, including

preliminary procedures;

(b) prescribing forms that are consistent with this Part and any other

regulations made pursuant to this Part;

authorized by this Part to prescribe by regulation.

2013, c.S-15.1, s.6-126.

DIVISION 18

Transitional

Transitional matters

6‑127(1) In this section, “former Acts” means:

(a) The Construction Industry Labour Relations Act, 1992 as that Act existed

on the day before the coming into force of this section;

(b) The Trade Union Act as that Act existed on the day before the coming

into force of this section;

the day before the coming into force of this section;

(d) The Fire Departments Platoon Act as that Act existed on the day before

the coming into force of this section.

(2) Every person who was a member of the board on the day before the coming into

force of this section continues as a member of the board until he or she is reappointed

to the board, or another person is appointed in his or her place, in accordance with

this Part.

(3) Every order, declaration, approval and decision of the board made pursuant

to the former Acts continues in force as if made by the board pursuant to this Part

and may be enforced and otherwise dealt with as if made pursuant to this Part.

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(4) Every board of conciliation that was appointed pursuant to section 22 of The

Trade Union Act, as that Act existed on the day before the coming into force of this

section, and whose term of appointment had not expired on the day on which this

section comes into force continues pursuant to this Part as if it were appointed

pursuant to this Part, and every person who was a member of a board of conciliation

whose term of appointment had not expired on the day on which this section comes

into force continues as a member as if appointed pursuant to this Part.

(5) Every arbitrator, board of arbitration or arbitration board that was appointed

pursuant to The Trade Union Act or The Fire Departments Platoon Act, as those

Acts existed on the day before the coming into force of this section, and whose term

of appointment had not expired on the day on which this section comes into force

continues in ofce and may continue the arbitration in accordance with this Part as

if the arbitrator, board of arbitration or arbitration board were appointed pursuant

to this Part.

(6) All agreements, instruments and other documents that were led with the

board or the minister pursuant to the former Acts are deemed to have been led

pursuant to this Part and may be dealt with pursuant to this Part as if led pursuant

to this Part.

(7) Every special mediator who was appointed pursuant to The Trade Union Act,

as that Act existed on the day before the coming into force of this section, and whose

term of appointment had not expired on the day on which this section comes into force

continues in ofce and may continue his or her duties and exercise his or her powers

in accordance with this Part as if he or she were appointed pursuant to this Part.

(8) A trade division determined by the minister to be an appropriate trade division

for the purpose of The Construction Industry Labour Relations Act, 1992, as that

Act existed on the day before the coming into force of this section is continued and

may be dealt with pursuant to this Part as if the division had been established

pursuant to this Part.

(9) The representative employers’ organizations listed in Column 1 of the Schedule

to The Construction Industry Labour Relations Act, 1992, as that Act existed on the

day before the coming into force of this section:

(a) are continued as representative employers’ organizations for the unionized

employers in the trade divisions referenced in Column 2 of the Schedule to

that Act; and

(b) within 60 days after the coming into force of this section, the board shall

issue orders that designate the representative employers’ organizations listed in

Column 1 of the Schedule to that Act for the trade divisions listed in Column 2.

(10) The Lieutenant Governor in Council may make regulations respecting any

matter or thing that the Lieutenant Governor in Council considers necessary to

facilitate the transition from the former Acts to this Part, including:

(a) suspending the application of any provision of this Part; and

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(b) declaring that provisions of any of the former Acts are to apply to persons

or any category of persons and respecting the conditions on which provisions

of the former Act are to apply.

(11) If there is any conict between the regulations made pursuant to subsection (10)

and any other provision of this Act or any other Act or law, the regulations made

pursuant to this section prevail.

2013, c.S-15.1, s.6-127.

Transitional re irrevocable elections and removal or exclusion of supervisory employees

6‑128(1) In this section, “supervisory employee” means a supervisory employee

as dened in clause 6-1(1)(o) of this Act as that clause read before the coming into

force of The Saskatchewan Employment Amendment Act, 2021.

(2) For the purposes of this Part, if employees were removed or excluded from a

bargaining unit as a result of a determination, in accordance with subsections 6-11(3)

to (6) of this Act as those provisions read before the coming into force of The

Saskatchewan Employment Amendment Act, 2021, that the employees were

supervisory employees, the employer named in a certication order or the union that

is named in a certication order may apply to the board, in the form and manner

specied by the board, to amend a certication order.

(3) Any irrevocable election allowing supervisory employees into a bargaining unit

that was made pursuant to clause 6-11(4)(a) of this Act as that clause read before

the coming into force of The Saskatchewan Employment Amendment Act, 2021 is

deemed to be null and void.

(4) An employer or union that made an irrevocable election mentioned in

subsection (3) may apply to the board, in the form and manner specied by the

board, to amend a certication order.

(5) On an application pursuant to subsection (2) or (4), the board shall:

(a) issue an amended certication order; or

(b) afrm the certication order.

(6) On an application pursuant to subsection (2) or (4), in addition to an order

pursuant to subsection (5), the board may make any order it considers appropriate,

including an order determining the seniority of employees affected by the order or

deferring deciding any matter if the board considers that the matter could be resolved

by mediation, conciliation or an alternative method of resolution.

2021, c.38, s.7.

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PART VII

Essential Services

DIVISION 1

Preliminary Matters for Part

Interpretation of Part

7‑1(1) In this Part:

(a) “collective bargaining” means collective bargaining as dened in

Part VI and includes collective bargaining with a view to concluding an essential

services agreement;

(b) “employee” means an employee, as dened in Part VI, who is an employee

of a public employer and who is represented by a union;

pursuant to section 7-3 and includes an agreement mentioned in subsection (2);

(d) “essential services employee” means an employee who is described

in section 7-23;

(e) “last collective agreement” means the collective agreement last in effect

between a public employer and a union before a work stoppage;

(f) “public employer” means:

(i) an employer that:

(A) is dened in Part VI; and

(B) provides an essential service to the public; or

(ii) any employer, person, agency or body, or class of employers, persons,

agencies or bodies, that:

(A) is prescribed; and

(B) provides an essential service to the public;

(g) “tribunal” means an essential services tribunal established pursuant

to section 7-7 or 7-14;

(h) “union” means a union, as dened in Part VI, that represents employees

of a public employer;

(i) “work schedule” means a work schedule or modied work schedule

provided by a public employer to a union in accordance with this Part;

(j) “work stoppage” means a lockout or strike as dened in Part VI.

(2) Every agreement respecting essential services that is in effect on the day on

which this Part comes into force:

(a) remains in effect; and

(b) may be dealt with pursuant to this Part as if it were concluded pursuant

to this Part.

2015, c.31, s.8.

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Application of Part

7‑2(1) This Part applies to every public employer, every union and every employee.

(2) This Part prevails if there is any conict between this Part and:

(a) any other Part of this Act;

(b) any other Act, regulation or law; or

2015, c.31, s.8.

DIVISION 2

Essential Services Agreements

Negotiation of essential services agreement

7‑3(1) If a public employer and union have not concluded an essential services

agreement and the minister and the parties have received a report from a labour

relations ofcer, special mediator or conciliation board pursuant to clause 6-33(7) (c)

that a dispute between the parties has not been settled, the public employer and the

union shall engage in collective bargaining with a view to concluding an essential

services agreement as soon as is reasonably possible after receiving that report.

(2) Nothing in this section is to be interpreted as preventing a public employer and

union from concluding an essential services agreement at any time.

2015, c.31, s.8.

Contents of essential services agreement

7‑4(1) An essential services agreement must consist of at least the following:

(a) provisions that identify the essential services that are to be maintained

during a work stoppage;

(b) provisions that set out the classications of employees who must work

during a work stoppage to maintain essential services;

mentioned in clause (b) who must work during a work stoppage to maintain

essential services;

(d) provisions that set out the manner of determining the locations or number

of locations where the positions mentioned in clause (b) are required to work;

(e) provisions that set out the manner of identifying and informing the

employees who must work during a work stoppage;

(f) provisions that set out the procedures that must be followed to respond to

an unanticipated increase or decrease in the need for essential services during

a work stoppage;

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(g) provisions that set out the procedures that must be followed to respond

to an emergency during a work stoppage;

(h) provisions that set out the procedures that must be followed to resolve

disputes respecting changes to the agreement;

(i) any other prescribed provisions.

(2) For the purposes of clause (1) (c), the number of positions is to be determined

having regard to the availability of other qualied persons who are in the employ

of the public employer and who are not members of the bargaining unit.

2015, c.31, s.8.

Prohibition on work stoppage without essential services agreements, etc.

7‑5 Notwithstanding Part VI, no public employer shall engage in a lockout and

no union shall engage in a strike unless there is:

(a) an essential services agreement between the parties; or

(b) a decision of a tribunal pursuant to section 7-8 or 7-10.

2015, c.31, s.8.

DIVISION 3

No Essential Services Agreement

Notice of impasse

7‑6(1) If, in the opinion of a public employer or a union, collective bargaining to

conclude an essential services agreement has reached a point where agreement

cannot be achieved, the public employer or union shall serve a written notice that

an impasse has been reached on:

(a) the chairperson of the board;

(b) the minister; and

(2) No written notice mentioned in subsection (1) must be served until the period

mentioned in subclause 6-33(7) (d) (ii) has expired.

(3) The written notice mentioned in subsection (1) must contain the name of the

person whom the party giving the notice appoints to the tribunal.

(4) Within three days after receiving the written notice mentioned in subsection (1),

the other party shall serve on the rst party, the chairperson of the board and the

minister a written notice naming the person whom it appoints to the tribunal.

2015, c.31, s.8.

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Essential services tribunal

7‑7(1) On receipt of the parties’ appointments to the tribunal, the chairperson of

the board shall appoint the chairperson or a vice-chairperson of the board as the

chairperson of the tribunal.

(2) No person is eligible to be appointed as a member of a tribunal or to act as a

member of a tribunal if the person:

(a) has a pecuniary interest in a matter before the tribunal; or

(b) is acting or has, within a period of one year before the date on which the

dispute is submitted to the tribunal, acted as lawyer or agent of any of the

parties.

(3) The tribunal shall:

(a) hear:

(i) evidence presented relating to the dispute; and

(ii) argument by the parties or their lawyers or agents; and

(b) make a decision respecting the matters mentioned in subsection 7-8(3)

that are the subject of the dispute.

(4) The decision of the majority of the members of a tribunal or, if there is no

majority decision, the decision of the chairperson of the tribunal is the decision of

the tribunal.

(5) In exercising its powers and fullling its responsibilities pursuant to this Part,

a tribunal may exercise all or any of the powers mentioned in subsection 6-49(3),

and that subsection applies, with any necessary modication, to the tribunal.

(6) The decision of the tribunal pursuant to this Division:

(a) is nal and conclusive; and

(b) is binding on the parties.

(7) The public employer and the union shall bear their own costs of the tribunal and

the remuneration and expenses of the member of the tribunal that it has appointed.

2015, c.31, s.8.

Period within which tribunal must commence hearing and make a decision

7‑8(1) Within seven days after the appointment of the chairperson of the tribunal,

the tribunal shall commence hearings.

(2) A hearing of the tribunal must conclude within 60 days after the date on which

the hearing commenced or any longer period that the tribunal considers necessary.

(3) Within 14 days after the conclusion of its hearing, the tribunal shall issue a

decision on the following:

(a) the essential services that must be maintained during the work stoppage;

(b) the classications of employees who must work during the work stoppage

to maintain essential services;

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work stoppage to maintain essential services;

(d) the locations or number of locations where work must be performed during

the work stoppage;

(e) the procedures that must be followed to respond to an emergency during

a work stoppage.

(4) As soon as possible after issuing its decision, the tribunal shall cause a copy of

the decision to be served on the public employer, the union and the minister.

(5) In accordance with the decision of the tribunal pursuant to this section, the

public employer shall provide the union with a work schedule that sets out the

matters covered by the decision.

(6) On receipt of a work schedule from the public employer pursuant to

subsection (5), the union shall immediately:

(a) identify the employees within each classication mentioned in the work

schedule who must work during the work stoppage to maintain essential

services;

(b) provide to each employee identied pursuant to clause (a) his or her work

schedule;

essential services that are to be performed; and

(d) provide to the public employer a list containing the name and the

classication of each employee who is identied pursuant to clause (a), the

essential services that are to performed by each employee and the location

where each employee will perform those essential services.

(7) Subject to section 7-22, if the tribunal issues a decision pursuant to this

section or section 7-10 determining that all employees of the public employer are

employees who must work during a work stoppage:

(a) the tribunal shall, in its decision, declare that any exercise of the right to

strike or lock out would be substantially interfered with; and

(b) after the tribunal makes a declaration pursuant to clause (a):

(i) no public employer that is subject to the decision shall engage in

a lockout and no union that is subject to the decision shall declare or

authorize a strike; and

(ii) the minister shall give notice to the public employer and the union

that all matters in dispute respecting the collective agreement must be

resolved by mediation-arbitration in accordance with Division 4, and

that Division applies, with any necessary modication, to resolving those

matters in dispute.

2015, c.31, s.8.

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Public employer or union may apply for further decisions

7‑9(1) If there is a change in circumstances after a decision pursuant to this Division

has been issued, the public employer or the union may apply to the tribunal that

made the decision for a decision to amend, rescind or rescind and replace the decision.

(2) A hearing of the tribunal pursuant to this section must commence within two

days after an application is made and must conclude within 14 days after the date

on which the hearing commenced or any longer period that the tribunal considers

necessary.

(3) Subsections 7-7(3) to (7) apply, with any necessary modication, to an

application pursuant to this section.

2015, c.31, s.8.

Period within which further decision must be made

7‑10 Within 14 days after the conclusion of its hearing pursuant to section 7-9,

the tribunal shall issue a decision:

(a) conrming the decision issued pursuant to this Division; or

(b) amending, rescinding or rescinding and replacing the decision issued

pursuant to this Division.

2015, c.31, s.8.

Matters respecting further decision

7‑11 As soon as possible after issuing a decision pursuant to section 7-10, the

tribunal shall cause a copy of its decision to be served on the public employer, the

union and the minister.

2015, c.31, s.8.

Effect of decision

7‑12(1) If the tribunal, pursuant to section 7-10, varies all or any of the following,

the public employer shall modify the last work schedule provided pursuant to this

Division to reect those variations:

(a) the identication of services as essential services that must be maintained

during the work stoppage;

(b) the classications of employees who must work during the work stoppage

to maintain essential services;

during the work stoppage to maintain essential services;

(d) the locations or number of locations where work must be performed during

the work stoppage.

(2) The public employer shall provide the work schedule as modied pursuant to

subsection (1) to the union.

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(3) On receipt of a work schedule from the public employer pursuant to

subsection (2), the union shall immediately:

(a) identify the employees within each classication mentioned in the work

schedule who must work during the work stoppage to maintain essential

services;

(b) provide to each employee identied pursuant to clause (a) his or her work

schedule;

essential services that are to be performed; and

(d) provide to the public employer a list containing the name and the

classication of each employee who is identied pursuant to clause (a), the

essential services that are to be performed by each employee and the location

where each employee will perform those essential services.

When decision is effective

7‑13 A decision of the tribunal issued pursuant to this Division is effective 48 hours

after the public employer and the union are served with the decision.

2015, c.31, s.8.

DIVISION 4

If Lockout or Strike is Substantially Interfered With

Procedures if lockout or strike is substantially interfered with

7‑14(1) Subject to section 7-22, on the application of the public employer or the

union, the tribunal that issued a decision pursuant to Division 3 may issue a decision

determining whether or not the level of activity to be continued in compliance with

the decision substantially interferes with the exercise of the right to strike or lock out.

(2) Subject to section 7-22, if the parties have an essential services agreement and

either the public employer or the union is of the opinion that the level of activity

to be continued in compliance with the essential services agreement substantially

interferes with the exercise of the right to strike or lock out, that party shall serve

a written notice stating that opinion on the other party, the minister and the

chairperson of the board.

(3) The written notice mentioned in subsection (2) must contain the name of the

person whom the party giving the notice appoints to the tribunal.

(4) Within three days after receiving the written notice mentioned in subsection (2),

the other party receiving the notice shall serve on the rst party, the chairperson

of the board and the minister a written notice naming the person whom it appoints

to the tribunal.

(5) Section 7-7 applies, with any necessary modication, to establishing a tribunal

and to the tribunal that is established pursuant to this section.

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(6) The tribunal shall:

(a) determine whether or not the level of activity to be continued in compliance

with an essential services agreement, or a decision issued pursuant to

Division 3, substantially interferes with the exercise of the right to strike or

lock out; and

(b) cause a copy of its decision to be served on the public employer, the union

and the minister.

(7) If the tribunal makes a declaration that the level of activity to be continued in

compliance with an essential services agreement, or a decision issued pursuant to

Division 3, substantially interferes with the exercise of the right to strike or lock out:

(a) no public employer or union that is subject to the decision shall fail,

on being served with a copy of the decision, to immediately cease any work

stoppage; and

(b) the minister shall give notice to the public employer and the union that

all matters in dispute respecting the collective agreement that is the subject of

the strike or lockout must be resolved by mediation-arbitration in accordance

with this Division.

(8) Within seven days after receipt of the notice mentioned in clause (7) (b) or

subclause 7-8(7) (b) (ii), the public employer and the union shall each provide the

minister with:

(a) the name of the person that each intends to appoint to the

mediation-arbitration board; or

(b) a written agreement in which the parties have agreed to submit the

matters in dispute to a single mediator-arbitrator in accordance with

sections 7-18 to 7-20.

(9) Notwithstanding subsections (1) to (8) but subject to section 7-22, if the public

employer and union agree that the level of activity to be continued in compliance

with an essential services agreement or a decision issued pursuant to Division 3

substantially interferes with the exercise of the right to strike or lock out, the

parties may agree to resolve all the matters in dispute by mediation-arbitration in

accordance with this Division.

(10) If the parties agree pursuant to subsection (9) to submit matters in dispute

to mediation-arbitration, they shall each provide the minister with:

(a) the name of the person that each intends to appoint to the

mediation-arbitration board; or

(b) a written agreement in which the parties have agreed to submit the

matters in dispute to a single mediator-arbitrator in accordance with

sections 7-18 to 7-20.

2015, c.31, s.8.

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Mediation‑arbitration to conclude a collective agreement – mediation‑arbitration board

7‑15(1) If there is no written agreement mentioned in clause 7-14(8) (b)

or (10) (b), within three days after the members of the mediation-arbitration board

have been appointed by the parties, the two appointees shall appoint a third

member of the mediation-arbitration board, who is to be the chairperson of the

mediation-arbitration board.

(2) If the two appointees named by the parties fail to agree on the appointment

of a third member of the mediation-arbitration board within the three-day period

mentioned in subsection (1), the minister, on the request of a party, shall appoint

the third member.

(3) The member of the mediation-arbitration board appointed pursuant to

subsection (2) is the chairperson of the mediation-arbitration board.

(4) No person is eligible to be appointed as a member of a mediation-arbitration

board or shall act as a member of a mediation-arbitration board if the person:

(a) has a pecuniary interest in a matter before the mediation-arbitration

board; or

(b) is acting or has, within a period of one year before the date on which the

dispute is submitted to mediation-arbitration, acted as lawyer or agent of any

of the parties to the mediation-arbitration.

Mediation by mediation‑arbitration board

7‑16(1) Within seven days after the date on which the last member of the

mediation-arbitration board is appointed, the mediation-arbitration board shall

commence to assist the parties in resolving the matters of the collective agreement

in dispute.

(2) If a mediation-arbitration board determines that the parties are unable to

resolve the matters of the collective agreement in dispute, the chairperson of the

mediation-arbitration board shall provide notice to the public employer, union and

the minister of a failure to resolve the matters.

2015, c.31, s.8.

Arbitration by mediation‑arbitration board

7‑17(1) If notice has been provided pursuant to subsection 7–16(2), the public

employer and the union shall, within three days after receiving the notice, each:

(a) submit to the mediation-arbitration board a notice in writing setting out:

(i) a list of the matters agreed on by both parties; and

(ii) a list of the matters remaining in dispute; and

(b) provide a copy of the written notice to the other party.

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(2) Within three days after receiving a written notice pursuant to subsection (1),

the other party shall provide its written response to the mediation-arbitration board

and the party submitting the written notice.

(3) The mediation-arbitration board shall commence the arbitration when:

(a) the mediation-arbitration board has received the written notices pursuant

to subsection (1); and

(b) either:

(i) the mediation-arbitration board has received the written responses

pursuant to subsection (2); or

(ii) the three-day period mentioned in that subsection has expired.

(4) The mediation-arbitration board may engage the services of any person that

it considers necessary to assist in the arbitration.

(5) The mediation-arbitration board shall determine the procedures to be followed,

while ensuring that the public employer and the union are given full opportunity to:

(a) present evidence related to the dispute;

(b) make submissions; and

(6) A mediation-arbitration board may exercise all or any of the powers mentioned

in subsection 6-49(3), and that subsection applies, with any necessary modication,

to the mediation-arbitration board.

(7) If the public employer and the union have settled all matters set out in the

notices and responses received by the mediation-arbitration board pursuant to this

section and entered into a new collective agreement, the mediation-arbitration board,

on being so notied in writing by both the public employer and the union, shall:

(a) discontinue the mediation-arbitration; and

(b) notify the minister of the agreement.

(8) The mediation-arbitration is terminated when the mediation-arbitration board

noties the minister pursuant to subsection (7) of the new collective agreement

entered into by the public employer and the union.

(9) If the public employer and the union agree on some of the matters set out in

the notices and responses received by the mediation-arbitration board pursuant to

this section and the mediation-arbitration board is notied in writing by both the

public employer and the union of the matters agreed on, the mediation-arbitration

board shall conne the award to:

(a) the matters set out in the notices and responses that are not agreed on; and

(b) any other matters that appear to the mediation-arbitration board to be

necessary to be decided in order to make an award.

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(10) With respect to the matters set out in the notices and responses received

by the mediation-arbitration board pursuant to this section on which the public

employer and the union have not agreed, the mediation-arbitration board shall

make an award in writing within:

(a) 60 days after the date on which the third member of the mediation-arbitration

board was appointed pursuant to section 7-15; or

(b) any longer period that the mediation-arbitration board considers

necessary.

(11) The decision of the majority of the members of the mediation-arbitration

board or, if there is no majority decision, the decision of the chairperson of the

mediation-arbitration board is the award of the mediation-arbitration board.

(12) The award of the mediation-arbitration board pursuant to this section:

(a) is nal and conclusive; and

(b) is binding on the parties.

(13) The public employer and the union shall:

(a) bear their own costs of the mediation-arbitration;

(b) pay the remuneration and expenses of the member of the

mediation-arbitration board that it has appointed; and

appointed pursuant to subsection 7-15(1) or (2) as the third member of the

mediation-arbitration board.

(14) When the mediation-arbitration board has made an award pursuant to this

section, it shall cause a copy of the award to be served on the public employer, the

union and the minister.

(15) When the mediation-arbitration board has made an award pursuant to

this section, the public employer and the union shall immediately conclude a new

collective agreement incorporating any provisions, terms and conditions that may

be necessary to give full effect to the mediation-arbitration board’s award.

2015, c.31, s.8.

Mediation‑arbitration to conclude a collective agreement – single mediator‑arbitrator

7‑18(1) If the public employer and union have entered into a written agreement

pursuant to clause 7-14(8) (b) or (10) (b) to submit the matters in dispute to a single

mediator-arbitrator, they shall provide a copy of the written agreement to the

minister that includes the name of the person to act as mediator-arbitrator within

seven days after entering into the agreement.

(2) No person is eligible to be appointed as a single mediator-arbitrator or shall

act as a single mediator-arbitrator if the person:

(a) has a pecuniary interest in a matter before the mediator-arbitrator; or

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(b) is acting or has, within a period of one year before the date on which the

dispute is submitted to mediation-arbitration, acted as lawyer or agent of any

of the parties to the mediation-arbitration.

2015, c.31, s.8.

Mediation by single mediator‑arbitrator

7‑19(1) Within seven days after the date on which the minister receives a copy

of the written agreement pursuant to section 7-18, the single mediator-arbitrator

shall commence to assist the parties in resolving the matters of the collective

agreement in dispute.

(2) If the single mediator-arbitrator determines that the parties are unable to resolve

the matters of the collective agreement in dispute, the single mediator-arbitrator

shall provide notice to the public employer, union and the minister of a failure to

resolve the matters.

2015, c.31, s.8.

Arbitration by single mediator‑arbitrator

7‑20(1) If notice has been provided pursuant to subsection 7-19(2), the public

employer and the union shall, within three days after receiving the notice, each:

(a) submit to the single mediator-arbitrator a notice in writing setting out:

(i) a list of the matters agreed on by both parties; and

(ii) a list of the matters remaining in dispute; and

(b) provide a copy of the written notice to the other party.

(2) Within three days after receiving a written notice pursuant to subsection (1),

the other party shall provide its written response to the single mediator-arbitrator

and the party submitting the written notice.

(3) The single mediator-arbitrator shall commence the arbitration when:

(a) the single mediator-arbitrator has received the written notices pursuant

to subsection (1); and

(b) either:

(i) the single mediator-arbitrator has received the written responses

pursuant to subsection (2); or

(ii) the three-day period mentioned in that subsection has expired.

(4) The single mediator-arbitrator may engage the services of any person that the

single mediator-arbitrator considers necessary to assist in the arbitration.

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(5) The single mediator-arbitrator shall determine the procedures to be followed,

while ensuring that the public employer and the union are given full opportunity to:

(a) present evidence relating to the dispute;

(b) make submissions; and

(6) A single mediator-arbitrator may exercise all or any of the powers mentioned

in subsection 6-49(3), and that subsection applies, with any necessary modication,

to the single mediator-arbitrator.

(7) If the public employer and the union have settled all the matters set out in the

notices and responses received by the single mediator-arbitrator pursuant to this

section and entered into a new collective agreement, the single mediator-arbitrator,

on being so notied in writing by both the public employer and the union, shall:

(a) discontinue the mediation-arbitration; and

(b) notify the minister of the agreement.

(8) The mediation-arbitration is terminated when the single mediator-arbitrator

noties the minister pursuant to subsection (7) of the new collective agreement

entered into by the public employer and the union.

(9) If the public employer and the union agree on some of the matters set out in the

notices and responses received by the single mediator-arbitrator pursuant to this

section and the single mediator-arbitrator is notied in writing by both the public

employer and the union of the matters agreed on, the single mediator-arbitrator

shall conne the award to:

(a) the matters set out in the notices and responses that are not agreed on; and

(b) any other matters that appear to the single mediator-arbitrator to be

necessary to be decided in order to make an award.

(10) With respect to the matters set out in the notices and responses received by

the single mediator-arbitrator pursuant to this section on which the public employer

and the union have not agreed, the single mediator-arbitrator shall make an award

in writing within:

(a) 60 days after the date on which the single mediator-arbitrator was

appointed; or

(b) any longer period that the single mediator-arbitrator considers necessary.

(11) The award of the single mediator-arbitrator pursuant to this section:

(a) is nal and conclusive; and

(b) is binding on the parties.

(12) The public employer and the union shall:

(a) bear their own costs of the mediation-arbitration; and

(b) pay an equal share of the remuneration and expenses of the single

mediator-arbitrator.

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(13) When the single mediator-arbitrator has made an award pursuant to this

section, the single mediator-arbitrator shall cause a copy of the award to be served

on the public employer, the union and the minister.

(14) When the single mediator-arbitrator has made an award pursuant to this

section, the public employer and the union shall immediately conclude a new

collective agreement incorporating any provisions, terms and conditions that may

be necessary to give full effect to the single mediator-arbitrator’s award.

2015, c.31, s.8.

Matters to be considered by mediation‑arbitration board or single mediator‑arbitrator

7‑21 In making an award pursuant to this Division, a mediation-arbitration board

or single mediator-arbitrator:

(a) shall consider, for the period with respect to which the collective agreement

between the public employer and the union will be in force, the following:

(i) wages and benets in private and public, and unionized and

non-unionized, employment;

(ii) the continuity and stability of private and public employment,

including:

(A) employment levels and incidence of layoffs;

(B) incidence of employment at less than normal working hours;

and

(iii) the general economic conditions in Saskatchewan; and

(b) may consider, for the period with respect to which the collective agreement

between the public employer and union will be in force, the following:

(i) the terms and conditions of employment in similar occupations outside

the public employer’s employment taking into account any geographic,

industrial or other variations that the mediation-arbitration board or

single mediator-arbitrator considers relevant;

(ii) the need to maintain appropriate relationships in terms and

conditions of employment between different classication levels within an

occupation and between occupations in the public employer’s employment;

(iii) the need to establish terms and conditions of employment that are

fair and reasonable in relation to the qualications required, the work

performed, the responsibility assumed and the nature of the services

rendered;

(iv) any other factor that the mediation-arbitration board or single

mediator-arbitrator considers relevant to the matters in dispute.

2015, c.31, s.8.

Multi‑employer bargaining units

7‑22(1) In this section:

“multi‑employer bargaining units” means bargaining units established

pursuant to Division 14 of Part VI;

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“substantial interference declaration or agreement” means a declaration

pursuant to section 7-8, 7-9 or 7-14 that a right to strike or lock out has been

substantially interfered with or an agreement pursuant to subsection 7-14(9)

to refer matters in dispute to mediation-arbitration.

(2) A substantial interference declaration or agreement respecting a dispute

involving one or more bargaining units within multi-employer bargaining units must

be made with respect to all bargaining units within the multi-employer bargaining

units for which the union is engaged in collective bargaining.

(3) An application to the tribunal pursuant to section 7-14 with respect to a dispute

involving one or more bargaining units within multi-employer bargaining units

may be made by a person who is the bargaining agent for public employers in the

multi-employer bargaining units.

(4) This Division applies, with any necessary modication, to multi-employer

bargaining units.

2015, c.31, s.8.

DIVISION 5

General Matters re Part

Determination of essential services employees

7‑23 Every employee who is required to work in accordance with an essential

services agreement, or who is identied as an employee who must work during a

work stoppage by his or her union in accordance with the provisions of this Part, is

deemed to be an essential services employee during those times that the employee

is scheduled to perform those essential services.

2015, c.31, s.8.

Obligations of public employers

7‑24 No public employer shall authorize, declare or cause a lockout of essential

services employees.

2015, c.31, s.8.

Obligations of unions

7‑25(1) No union shall authorize, declare or cause a strike of essential services

employees.

(2) No union and no person acting on behalf of the union shall, in any manner:

(a) discipline any essential services employee for the reason that the essential

services employee complies with this Part; or

(b) direct, authorize or counsel another person to discipline any essential

services employee for the reason that the essential services employee complies

with this Part.

2015, c.31, s.8.

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No person or union to prevent compliance with this Part

7‑26 No person or union shall in any manner impede or prevent or attempt to

impede or prevent any essential services employee from complying with this Part.

2015, c.31, s.8.

No person or union to aid, abet or counsel non‑compliance with this Part

7‑27 No person or union shall do or omit to do anything for the purpose of aiding,

abetting or counselling any essential services employee not to comply with this Part.

2015, c.31, s.8.

Unfair labour practices re Part

7‑28(1) It is an unfair labour practice for a public employer or a union to fail or

refuse to engage in collective bargaining with a view to concluding an essential

services agreement.

(2) It is an unfair labour practice for a public employer to not take into consideration

qualied persons who are in the employ of the public employer and who are not

members of the bargaining unit when determining the number of positions in

a classication who must work during the work stoppage to maintain essential

services.

(3) It is an unfair labour practice for a union to not identify qualied employees

when identifying the employees who must work during the work stoppage to

maintain essential services.

(4) Part VI applies, with any necessary modication, to an unfair labour practice

pursuant to this section.

2015, c.31, s.8.

Essential services employees to continue or resume essential services

7‑29(1) If there is a work stoppage:

(a) every essential services employee shall, during those times that the

essential services employee is scheduled to work, continue or resume the duties

that are required in order to ensure that essential services are maintained

during the work stoppage by that employee in accordance with the terms and

conditions of the last collective agreement, if any;

(b) the public employer shall, during those times that the essential services

employee is scheduled to work, permit or authorize each of its essential services

employees to continue or resume the duties that are required in order to ensure

that essential services are maintained during the work stoppage by those

employees in accordance with the terms and conditions of the last collective

agreement, if any; and

with the public employer shall give notice to the essential services employees

that they must, during those times that the essential services employees are

scheduled to work, continue or resume the duties that are required in order

to ensure that essential services are maintained during the work stoppage

by those employees in accordance with the terms and conditions of the last

collective agreement, if any.

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(2) If there is a work stoppage, no essential services employee shall, without lawful

excuse, fail, during those times that the essential services employee is scheduled

to work, to continue or resume the duties that are required in order to ensure that

essential services are maintained during the work stoppage by him or her.

(3) Neither the public employer nor any person acting on behalf of the public

employer shall, without lawful excuse, refuse to permit or authorize, or direct or

authorize another person to refuse to permit or authorize, any essential services

employee, during those times that the essential services employee is scheduled to

work, to continue or resume the duties that are required in order to ensure that

essential services are maintained during the work stoppage.

2015, c.31, s.8.

Copies of essential services agreements to be led with minister

7‑30(1) Each of the parties to an essential services agreement shall le one copy

of the agreement with the minister.

(2) Section 6-44 applies, with any necessary modication, for the purposes of this

section.

2015, c.31, s.8.

Termination of essential services agreement

7‑31(1) An essential services agreement continues until it is terminated in

accordance with this section.

(2) A party to an essential services agreement may terminate the essential services

agreement only if:

(a) the parties have a collective agreement; and

(b) there are at least 120 days left before the expiry of the collective agreement.

(3) A party may terminate an essential services agreement pursuant to subsection (2)

by giving the other party written notice.

(4) Nothing in this section affects the obligation of a public employer and a union

to engage in collective bargaining with a view to concluding an essential services

agreement in accordance with section 7-3.

2015, c.31, s.8.

Requirements for work schedules

7‑32 Each work schedule must cover at least one week.

2015, c.31, s.8.

The Arbitration Act, 1992 not to apply

7‑33 The Arbitration Act, 1992 does not apply to any arbitration pursuant to this

Part.

2015, c.31, s.8.

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Change in membership of tribunal

7‑34(1) A public employer or union that has appointed a member of a tribunal

may, at any time, rescind the appointment and, if it rescinds an appointment, shall

appoint a new member to the tribunal.

(2) A public employer or union that replaces its appointment shall serve written

notice of the name of the new member on the other party, the chairperson of the

board and the minister as soon as possible after it makes the new appointment.

2015, c.31, s.8.

Offences and penalties re Part

7‑35(1) No public employer, union, essential services employee or other person

shall fail to comply with this Part, the regulations made pursuant to this Part or a

decision or award of the board, a tribunal, a mediation-arbitration board or a single

mediator-arbitrator made pursuant to this Part.

(2) Every public employer, union, essential services employee or other person

who contravenes any provision of this Part, the regulations made pursuant to this

Part or a decision or award of the board, a tribunal, a mediation-arbitration board

or a single mediator-arbitrator made pursuant to this Part is guilty of an offence

and liable on summary conviction:

(a) in the case of an offence committed by a public employer or a union or

by a person acting on behalf of a public employer or a union, to a ne of not

more than $100,000 and, in the case of a continuing offence, to a further ne

of $10,000 for each day or part of a day during which the offence continues; and

(b) in the case of an offence committed by any person other than one described

in clause (a), to a ne of not more than $1,000 and, in the case of a continuing

offence, to a further ne of $400 for each day or part of a day during which

the offence continues.

2015, c.31, s.8.

Regulations for Part

7‑36 The Lieutenant Governor in Council may make regulations:

(a) prescribing any employer, person, agency or body, or class of employers,

persons, agencies or bodies, for the purposes of paragraph 7-1(1) (f) (ii) (A);

(b) for the purposes of clause 7-4(1) (i), prescribing other provisions that

must be included in an essential services agreement, including prescribing

the contents of those provisions;

this Part to be prescribed in the regulations;

(d) respecting any other matter or thing that the Lieutenant Governor in

Council considers necessary to carry out the intent of this Part

2013, c.S-15.1, s.8-5; 2015, c.31, s.8.

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PART VIII

Labour‑Management Actions (Temporary Measures During an Election)

Interpretation of Part

8‑1 In this Part:

(a) “contract” means a contract for services;

(b) “during an election” or “during the election” means the period

commencing on the day on which the writs of election for a general election

are issued pursuant to The Election Act, 1996 and ending on the eighth day

following the returns to the writs;

(d) “employer” means an employer of an employee and includes an employer

as dened in Part VI;

(e) “judge” means a judge of the Court of Queen’s Bench;

(f) “labour organization” means a labour organization that represents

employees and includes a union as dened in Part VI;

(g) “lockout” means a lockout as dened in Part VI;

(h) “order” means an order made pursuant to section 8-2;

(i) “service provider” means a person who is a member of a group of persons

mentioned in subclause (k)(iii);

(j) “strike” means a strike as dened in Part VI;

(k) “work stoppage” means:

(i) a strike, work slow-down or failure to perform the usual duties of

employment by an employee;

(ii) a lockout declared by an employer of an employee;

(iii) a work slow-down or failure to perform the requirements of an

existing or expired contract by a group of persons in combination or in

concert or in accordance with a common understanding for the purpose of

compelling another party to an existing or expired contract to agree to the

terms of a new contract or an amendment to a contract; or

(iv) a refusal by a person who has a contract with a service provider to

permit the service provider to continue or to resume his or her duties in

accordance with the contract.

2013, c.S-15.1, s.8-1.

Order of the Lieutenant Governor in Council

8‑2(1) On the recommendation of the minister, the Lieutenant Governor in Council

may make an order pursuant to this section if, during an election, the minister is of

the opinion that a work stoppage creates a situation:

(a) that is of pressing public importance; or

(b) that endangers or may endanger the health or safety of any person in

Saskatchewan.

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(2) In the circumstances mentioned in subsection (1), the Lieutenant Governor in

Council may order that, on and from a date to be specied in the order and during

the election:

(a) if the order is with respect to employees:

(i) the employees involved in the work stoppage shall continue or resume

the duties of their employment with their employer; and

(ii) the employer named in the order shall permit the employees to

continue or resume the duties of their employment; or

(b) if the order is with respect to service providers:

(i) the service providers involved in the work stoppage shall continue

or resume their duties as set out in the contract; and

(ii) a person who has a contract with service providers shall permit the

service providers to continue or resume their duties.

(3) An order made for the purposes of clause (2)(b) may include a requirement that

a person named in the order shall communicate the order to the service providers

who are subject to the order.

(4) No person who is subject to an order shall fail, during the election, to

immediately cease a work stoppage.

2013, c.S-15.1, s.8-2.

Prohibitions and obligations

8‑3(1) No person shall in any manner impede or prevent, or attempt to impede

or prevent, any person from complying with an order.

(2) While an order is in effect, no labour organization that represents employees,

and no ofcer, representative or other person acting on behalf of that labour

organization, shall authorize, declare or cause a work stoppage.

(3) No labour organization that is subject to an order shall fail to immediately

inform the employees that it represents of the following:

(a) the order;

(b) the requirement that each employee continue or resume the duties of his

or her employment during the election.

(4) No person mentioned in subsection 8-2(3) shall fail to immediately inform the

service providers who are subject to the order of the following:

(a) the order;

(b) the requirement that each service provider continue or resume his or her

duties during the election.

2013, c.S-15.1, s.8-3.

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Offences and penalties

8‑4(1) No person and no labour organization shall fail to comply with this Part

or an order.

(2) Every person who or labour organization that contravenes subsection (1) is

guilty of an offence and liable on summary conviction:

(a) in the case of an offence committed by an employee or service provider,

to a ne of not more than $1,000, and, in the case of a continuing offence, to

a further ne of $400 for each day or part of a day during which the offence

continues; or

(b) in the case of an offence committed by a labour organization or by any

person other than one described in clause (a), to a ne of not more than $100,000,

and, in the case of a continuing offence, to a further ne of $10,000 for each

day or part of a day during which the offence continues.

2013, c.S-15.1, s.8-4.

Application to court to direct compliance

8‑5(1) If, on the application of an employer, a judge is satised that an employee

of that employer has failed to comply with an order, the judge may direct that

employee to resume the employee’s duties of employment with the employer as

required by the order.

(2) If, on the application of a labour organization or an employee who has attempted

to comply with an order, a judge is satised that the employer of the employee has

failed to comply with the order, the judge may direct the employer to permit the

employee to resume the employee’s duties of employment as required by the order.

(3) If, on the application of a person who has a contract with a service provider, a

judge is satised that the service provider has failed to comply with an order, the

judge may direct that service provider to resume his or her duties as required by

the order.

(4) If, on the application of a service provider who has attempted to comply with

an order, a judge is satised that the person who has a contract with the service

provider has failed to comply with the order, the judge may direct the person to

permit the service provider to resume his or her duties as required by the order.

(5) On an application pursuant to this section, a judge may make any additional

orders that the judge considers necessary to ensure compliance with this Part or

an order.

2013, c.S-15.1, s.8-5.

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PART IX

General

DIVISION 1

Assignment of Wages

Interpretation of Division

9‑1 In this Division:

(a) “assignment of wages” means an assignment of all or part of an

employee’s wages to another person;

(b) “wages” means “total wages” as dened in Part II.

2013, c.S-15.1, s.9-1.

Assignment of wages generally prohibited

9‑2 Subject to the other provisions of this Division, an assignment of wages to

secure payment of a debt is invalid.

2013, c.S-15.1, s.9-2.

Certain wage assignments valid

9‑3 Section 9-2 does not apply to an assignment of wages by an employee in

favour of a supplier of tools, equipment or supplies used by the employee in his or

her employment.

2013, c.S-15.1, s.9-3.

Assignment of wages to certain credit unions

9‑4(1) In this section:

(a) “assignor” means an employee who makes an assignment of wages in

favour of an employer;

(b) “credit union” means a credit union that:

(i) is governed by The Credit Union Act, 1998; and

(ii) is organized, directed or controlled by employees of the employer to

whom the assignor directs the assignment of wages.

(2) This Division, other than subsections 9-5(2) and (3), does not apply in the case

of an assignment of wages by an assignor to a credit union with respect to that

portion of the assignor’s wages that is not exempt from attachment pursuant to

sections 95 and 96 of The Enforcement of Money Judgments Act.

2013, c.S-15.1, s.9-4.

Restrictions on wage assignments

9‑5(1) Notwithstanding anything in this Part or any agreement, no assignment of

wages to secure payment of a debt affects that portion of the assignor’s wages that

is exempt from attachment pursuant to sections 95 and 96 of The Enforcement of

Money Judgments Act.

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(2) An assignment of wages that is made to secure payment of a debt and that

purports to apply to wages owing from future employers is invalid as against any

employer by whom the assignor was not employed at the time the assignment was

made.

(3) An assignment of wages to secure payment of a debt is deemed not to be a

security for any purpose.

2013, c.S-15.1, s.9-5.

DIVISION 2

Other Matters

Offences by corporation

9‑6 Every director, ofcer or agent of a corporation who directed, authorized,

assented to, acquiesced in or participated in an act or omission of the corporation

that would constitute an offence by the corporation is guilty of that offence and is

liable on summary conviction to the penalties provided for that offence whether or

not the corporation has been prosecuted or convicted.

2013, c.S-15.1, s.9-6.

Offences by union

9‑7(1) In this section and in section 9-8, “union” includes a labour organization

as dened in Part VIII.

(2) Every ofcer or representative of a union who directed, authorized, assented

to, acquiesced in or participated in an act or omission of the union that would

constitute an offence by the union is guilty of that offence and liable on summary

conviction to the penalties provided for that offence whether or not the union has

been prosecuted or convicted.

2013, c.S-15.1, s.9-7.

Vicarious liability

9‑8 In a prosecution of an offence pursuant to this Act, any act or neglect on the

part of a manager, agent, representative, ofcer, director or supervisor of the accused,

whether or not the accused is a corporation or a union, is deemed to be the act or

neglect of the accused.

2013, c.S-15.1, s.9-8.

Service

9‑9(1) In this section, “director” means the director of employment standards

appointed pursuant to Part II, the director of occupational health and safety

appointed pursuant to Part III or the director of labour relations appointed pursuant

to Part VI.

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(2) Unless otherwise provided in this Act, any document or notice required by

this Act or the regulations to be served on any person other than the director may

be served:

(a) by personal service on the person by delivery of a copy of the document

or notice;

(b) by sending a copy of the document or notice by registered or certied

mail to the last known address of the person or to the address of the person

as shown in the records of the ministry;

agent, representative, ofcer, director or supervisor;

(d) by any method set out in The Queen’s Bench Rules for the service of

documents;

(e) by delivering a copy to the person’s lawyer if the lawyer accepts service by

endorsing his or her name on a true copy of the document or notice indicating

that he or she is the lawyer for that person; or

(f) by sending a copy of the document or notice by electronic transmission if

an address for service in a proceeding has been led respecting the person to

be served.

(3) A document or notice to be given to or served on the director must be given or

served in the prescribed manner.

(4) A document or notice served by registered mail or certied mail is deemed to

have been received on the fth business day following the day of its mailing, unless

the person to whom it was mailed establishes that, through no fault of that person,

the person did not receive the document or notice or received it at a later date.

(5) If the director is unable to effect service by the methods set out in subsection (2)

after making reasonable efforts to do so, the director may serve a document or notice

by publishing it in a prescribed manner.

(6) Any person who is required to serve a document or notice pursuant to this Act

or the regulations may apply, without notice, to a judge of the Court of Queen’s

Bench for an order for substituted service or for an order dispensing with service.

(7) On an application pursuant to subsection (6), a judge of the Court of Queen’s

Bench may make an order for substituted service by any means that the judge

considers appropriate or an order dispensing with service, if the judge is satised

that:

(a) prompt service of the document or notice cannot be effected;

(b) the whereabouts of the person to be served cannot be determined; or

2013, c.S-15.1, s.9-9; 2017, c 31, s.6; 2018, c 42,

s.65; 2020, c 12, s.21.

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Immunity

9‑10 No action or proceeding lies or shall be commenced against the Crown, the

minister, the board, any member of the board, the director of employment standards

or an employment standards ofcer appointed pursuant to Part II, the director of

occupational health and safety or an occupational health ofcer appointed pursuant

to Part III, a radiation health ofcer appointed pursuant to Part V or the director

of labour relations, a labour relations ofcer or an investigating ofcer appointed

pursuant to Part VI, any employee or ofcer of the ministry or any other person

appointed, designated or authorized to take any action or perform any duty pursuant

to this Act or the regulations where that person is acting pursuant to the authority

of this Act or the regulations, for anything in good faith done, caused or permitted

or authorized to be done, attempted to be done or omitted to be done by that person

or by any of those persons pursuant to or in the exercise or supposed exercise of any

power conferred by this Act or the regulations or in the carrying out or supposed

carrying out of any order made pursuant to this Act or any duty imposed by this

Act or the regulations.

2013, c.S-15.1, s.9-10.

Protection from liability re employers and COVID‑19 measures

9‑10.1(1) In this section, “good faith effort” includes an honest effort, whether

or not that effort is reasonable.

(2) Subject to the regulations, no action or proceeding lies or shall be commenced or

maintained against an employer with respect to any act or omission of the employer if:

(a) the employer acted or made a good faith effort to act in accordance with

The Public Employers’ COVID‑19 Emergency Regulations or The Employers’

COVID‑19 Emergency Regulations; and

(b) the act or omission of the employer does not constitute gross negligence.

(3) Subsection (2) applies regardless of whether the cause of action on which the

proceeding is purportedly based arose before, on or after the day on which this

section comes into force.

(4) Any action or proceeding mentioned in subsection (2) that is commenced before

the day on which this section comes into force is deemed to have been dismissed,

without costs, on the day on which this section comes into force.

(5) No person is entitled to any compensation or any other remedy or relief for the

extinguishment or termination of rights pursuant to this section.

(6) This section applies, with any necessary modication, with respect to a person

who is vicariously liable for the acts or omissions of another person if subsection (2)

negates the liability of the other person in relation to the act or omission.

(7) The Lieutenant Governor in Council may make regulations for the purposes

of this section, including regulations respecting the scope of protection provided

pursuant to subsection (2) or imposing terms and conditions on the protection.

(8) A regulation made pursuant to subsection (7) may be made retroactive to a day

not earlier than October 1, 2021.

2021, c.38, s.8.

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Forms for Act

9‑11 Subject to section 6-126, the minister may approve forms to be used for the

purposes of this Act and the regulations.

2013, c.S-15.1, s.9-11.

Regulations

9‑12(1) The Lieutenant Governor in Council may make regulations:

(a) dening, enlarging or restricting the meaning of any word or expression

used in this Act but not dened in this Act;

(b) prescribing and requiring the payment of any fees and charges connected

with any action that the minister, the board, the director of employment

standards or an employment standards ofcer appointed pursuant to Part II,

the director of occupational health and safety or an occupational health ofcer

appointed pursuant to Part III, a radiation health ofcer appointed pursuant to

Part V or the director of labour relations or a labour relations ofcer appointed

pursuant to Part VI is required or authorized to take pursuant to this Act or

the regulations or any service provided by any of them;

be prescribed in the regulations;

(d) respecting any matter or thing that the Lieutenant Governor in Council

considers necessary to carry out the intent of this Act.

(2) A regulation made pursuant to subsection (1) or pursuant to any other

regulation-making power pursuant to this Act may adopt by reference, in whole or in

part, with any changes that the Lieutenant Governor in Council or other regulation

maker considers necessary, any code, standard or regulation, as amended from

time to time or otherwise, and may require compliance with any code, standard or

regulation so adopted.

2013, c.S-15.1, s.9-12.

Review of Act

9‑13(1) The minister shall cause a review to be conducted of the adequacy of this

Act and its administration.

(2) For the purposes of subsection (1):

(a) the minister may cause a review of a Part of this Act to be conducted at

a different time from the review of another Part;

(b) the rst review of at least one Part of this Act must be conducted within

ve years after the date on which this Act comes into force and a rst review

of all Parts of this Act must be conducted within 10 years after the date on

which this Act comes into force; and

ve years after the completion of the most recent review of that Part.

2013, c.S-15.1, s.9-13.

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Evidentiary effect of documents

9‑14(1) In this section:

(a) “ofcial” means the director of employment standards appointed pursuant

to Part II, the director of occupational health and safety or an occupational

health ofcer appointed pursuant to Part III or the director of labour relations

appointed pursuant to Part VI;

(b) “rule” means a rule, direction, designation, authorization, code of practice,

order, notice of contravention, compliance undertaking or other instrument

issued or entered into pursuant to this Act by the minister, an ofcial or the

board.

(2) A document purporting to contain or to be a copy of a rule and purporting to be

signed by the minister, an ofcial or a member of the board is admissible in evidence

in any court as proof of the rule that it purports to contain or of which it purports to

be a copy without proof of the signature of the minister, the ofcial or the member

of the board or of his or her appointment.

2013, c.S-15.1, s.9-14.

PART X

Repeals and Consequential Amendments

DIVISION 1

Repeals

R.S.S. 1978, c.A‑30 repealed

10‑1 The Assignment of Wages Act is repealed.

2013, c.S-15.1, s.10-1.

R.S.S. 1978, c.B‑8 repealed

10‑2 The Building Trades Protection Act is repealed.

2013, c.S-15.1, s.10-2.

S.S. 1992, c.C‑29.11 repealed

10‑3 The Construction Industry Labour Relations Act, 1992 is repealed.

2013, c.S-15.1, s.10-3.

R.S.S. 1978, c.E‑9 repealed

10‑4 The Employment Agencies Act is repealed.

2013, c.S-15.1, s.10-4.

R.S.S. 1978, c.F‑14 repealed

10‑5 The Fire Departments Platoon Act is repealed.

2013, c.S-15.1, s.10-5.

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S.S. 1996, c.H‑0.03 repealed

10‑6 The Health Labour Relations Reorganization Act is repealed.

2013, c.S-15.1, s.10-6.

S.S. 1981‑82, c.L‑0.1 repealed

10‑7 The Labour‑Management Dispute (Temporary Provisions) Act is repealed.

2013, c.S-15.1, s.10-7.

R.S.S. 1978, c.L‑1 repealed

10‑8 The Labour Standards Act is repealed.

2013, c.S-15.1, s.10-8.

S.S. 1993, c.O‑1.1 repealed

10‑9 The Occupational Health and Safety Act, 1993 is repealed.

2013, c.S-15.1, s.10-9.

S.S. 1984‑85‑86, c.R‑1.1 repealed

10‑10 The Radiation Health and Safety Act, 1985 is repealed.

2013, c.S-15.1, s.10-10.

R.S.S. 1978, c.T‑17 repealed

10‑11 The Trade Union Act is repealed.

2013, c.S-15.1, s.10-11.

R.S.S. 1978, c.W‑1 repealed

10‑12 The Wages Recovery Act is repealed.

2013, c.S-15.1, s.10-12.

DIVISION 2

Consequential Amendments

10‑13 ‑ 10‑35 Dispensed. This/these section(s) makes consequential amendments to

another/other Act(s). Pursuant to subsection 33(1) of The Interpretation Act, 1995, the

amendments have been incorporated into the corresponding Act(s). Please refer to the

Separate Chapter to obtain consequential amendment details and specics.

PART XI

Coming into Force

Coming into force

11‑1 This Act comes into force on proclamation.

2013, c.S-15.1, s.11-1.

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REGINA, SASKATCHEWAN

Printed by the authority of

HE QUEEN’S PRINTER